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Martin v. Baldwin

Oregon Court of Appeals
Apr 9, 1996
906 P.2d 868 (Or. Ct. App. 1996)

Opinion

CV 93-0758; CA A85796

Submitted on record and briefs October 4, 1996.

Affirmed December 13, 1995. Petition for review denied April 9, 1996 ( 323 Or. 136)

Appeal from Circuit Court, Umatilla County, Jack F. Olsen, Judge.

Michael E. Rose filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General, filed the brief for respondent.

Before Riggs, Presiding Judge, and Landau and Leeson, Judges.


PER CURIAM

Affirmed.


Petitioner argues that he is entitled to post-conviction relief because he was indicted by a grand jury that was constitutionally inadequate, in that the grand jury was reduced in size to fewer than seven members without notice to him. Even assuming that the indictment was constitutionally defective, that defect, if any, does not constitute a basis for post-conviction relief. Goodwin v. State of Oregon, 125 Or. App. 359, 363, 866 P.2d 466 (1993), rev den 319 Or. 80 (1994).

Affirmed.


Summaries of

Martin v. Baldwin

Oregon Court of Appeals
Apr 9, 1996
906 P.2d 868 (Or. Ct. App. 1996)
Case details for

Martin v. Baldwin

Case Details

Full title:SHELDON WILBERT MARTIN, Appellant, v. G. H. BALDWIN, Superintendent…

Court:Oregon Court of Appeals

Date published: Apr 9, 1996

Citations

906 P.2d 868 (Or. Ct. App. 1996)
906 P.2d 868