Opinion · Orlaw Oregon

BROWN v. MAASS, 116 Or. App. 508 (1992)

JAMES C. BROWN, Appellant, v. Manfred (Fred) MAASS, Superintendent, OregonState Penitentiary, Respondent., 840 P.2d 1393 (Or. Ct. App. 1992)

Type
Opinion
Court
Oregon
Jurisdiction
Oregon
Date
1992-11-18
Topic
general

BROWN v. MAASS, 116 Or. App. 508 (1992) 840 P.2d 1393 JAMES C. BROWN, Appellant, v. Manfred (Fred) MAASS, Superintendent, OregonState Penitentiary, Respondent. 90-C-11246; CA A71216Oregon Court of Appeals.Submitted on appellant's petition for reconsideration filed October 7, 1992 Reconsideration allowed; decision (114 Or.

Citator

UpLaw has not yet analyzed BROWN v. MAASS, 116 Or. App. 508 (1992). The absence of a flag is not a finding that it is good law.

BROWN v. MAASS,116 Or. App. 508(1992)
840 P.2d 1393
JAMES C. BROWN,Appellant, v.Manfred (Fred) MAASS, Superintendent, Oregon
State Penitentiary,Respondent.
90-C-11246; CA A71216
Oregon Court of Appeals.
Submitted on appellant's petition for reconsideration filed October 7, 1992
Reconsideration allowed; decision (114 Or. App. 639, 835 P.2d 963)
withdrawn; reversed and remanded for further proceedings November 18, 1992
Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.
Steven H. Gorham, Salem, for petition.
Before Richardson, Presiding Judge, and Deits and Durham, Judges.
PER CURIAM

Reconsideration allowed; decision withdrawn; reversed and remanded for further proceedings.Page 509
PER CURIAM
Petitioner petitions for Supreme Court review. We treat the petition as one for reconsideration, ORAP 9.15, allow it and reverse the judgment.

Petitioner's petition for post-conviction relief was dismissed by the trial court, because it was not timely filed under ORS138.510(2)(b). We affirmed that judgment, because the petition for post-conviction relief was filed more than 120 days after the time limit in ORS138.510(2)(b) became effective. We were held to be wrong in doing that.Boone v. Wright,314 Or. 135,836 P.2d 727(1992).

Reconsideration allowed; decision withdrawn; reversed and remanded for further proceedings.Page 510