Corona v. Amsberry

Under ORS 138.525(3), “if a post-conviction court dismisses a petition as meritless and, simultaneously, rules that the post-conviction petition can be dismissed for additional, independent reasons, then ORS 138.525(3) precludes any appeal from that judgment.”

Petitioner appealed the post-conviction court’s judgment dismissing his petition for post-conviction relief.  Petitioner assigned error to the post-conviction court’s dismissal of his petition before ruling on his motion for appointment of counsel. Defendant (superintendent) contended that the Court of Appeals lacked jurisdiction over the petitioner’s appeal because the judgment was dismissed as meritless under ORS 138.525(1). Under ORS 138.525(3), “if a post-conviction court dismisses a petition as meritless and, simultaneously, rules that the post-conviction petition can be dismissed for additional, independent reasons, then ORS 138.525(3) precludes any appeal from that judgment.” In this case, the Court inquired into whether (1) the dismissal was based on “the petition being meritless and on other grounds,” or (2) the dismissal was meritless because of the “other reasons set forth on the order.” The Court concluded that “the judgment unambiguously dismissed the entire petition as meritless and for other reasons.” Hence, ORS 138.525(3) barred Petitioner’s appeal.  Appeal dismissed.