FELKEL v. THOMPSON

97C-11669; CA A101875.

970 P.2d 657 (1998)

157 Or. App. 218

Craig FELKEL, Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 18, 1998.


HASELTON, J.

In this post-conviction proceeding, petitioner filed an untimely appeal of a judgment denying post-conviction relief. In such circumstances, rather than immediately dismissing the appeal, we have historically followed a practice of issuing orders directing the petitioner to show cause why the appeal should not be dismissed as untimely filed. Those show cause orders have expressly referred to ORS 138.071(4), which provides a "show cause" exception to the...

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