Kutsch v. Maass

Court of Appeals of Oregon

Kutsch v. Maass

837 P.2d 563, 115 Or. App. 380, 1992 Ore. App. LEXIS 1761

CourtCourt of Appeals of Oregon

DecidedSeptember 30, 1992

Docket90-C-10741; CA A73776

StatusPublished

This text of 837 P.2d 563 (Kutsch v. Maass) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kutsch v. Maass, 837 P.2d 563, 115 Or. App. 380, 1992 Ore. App. LEXIS 1761 (Or. Ct. App. 1992).

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Opinion

PER CURIAM

The state concedes that the trial court erred in dismissing petitioner’s petition for post-conviction relief on the ground that it was barred by ORS 138.510(2), as amended by Or Laws 1989, ch 1053, § 18. The convictions that petitioner challenges became final before the effective date of the 1989 amendment. The amendment does not apply to a petition challenging a conviction that became final before the effective date of the amendment. Boone v. Wright, 314 Or 135, 836 P2d 727 (1992).

Reversed and remanded.

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PER CURIAM

The state concedes that the trial court erred in dismissing petitioner’s petition for post-conviction relief on the ground that it was barred by ORS 138.510(2), as amended by Or Laws 1989, ch 1053, § 18. The convictions that petitioner challenges became final before the effective date of the 1989 amendment. The amendment does not apply to a petition challenging a conviction that became final before the effective date of the amendment. Boone v. Wright, 314 Or 135, 836 P2d 727 (1992).

Reversed and remanded.

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Bluebook (online)

837 P.2d 563, 115 Or. App. 380, 1992 Ore. App. LEXIS 1761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kutsch-v-maass-orctapp-1992.

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