Pedroso v. Nooth

A petition for post conviction relief that is deemed meritless under ORS 138.525 and dismissed is not appealable.

Pedroso was convicted of murder and sentenced to twenty-five years in prison. He filed a petition for post-conviction relief, arguing that he received ineffective assistance of counsel. The post-conviction trial court granted the State’s motion to dismiss for failure to state a claim because it held Pedroso did not meet the standard of alleging a prima facie case for relief in his petition. Pedroso agreed with this legal standard, but he disagreed with the court’s analysis. Pedroso contended that the court erred in holding that his petition did not state a claim for post-conviction relief and in requiring that Pedroso also allege how he was prejudiced by ineffective assistance of counsel. Pedroso appealed, but the Court of Appeals was unable to address Pedroso's contentions because Oregon law clearly and explicitly denies the right to appeal a judgment dismissing a meritless petition for post-conviction relief. The definition of a “meritless petition” includes dismissal for failure to state a claim upon which post-conviction relief may be granted. Therefore, the Court was required to dismiss the appeal. Appeal dismissed.