Court of Appeals of Oregon, 1995

Martin v. Baldwin

Martin v. Baldwin
Court of Appeals of Oregon · Decided December 13, 1995 · Landau, Leeson, Riggs
138 Or. App. 296; 906 P.2d 868; 1995 Ore. App. LEXIS 1693

Martin v. Baldwin

Opinion of the Court

PER CURIAM

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 P2d 466 (1993), rev den 319 Or 80 (1994).

Affirmed.

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