(1) The court may, on its own motion or on the motion of the defendant, enter a judgment denying a meritless petition brought under ORS 138.510 to 138.680. (2) As used in this section, meritless petition means one that, when liberally construed, fails to state a claim upon which post-conviction relief may be granted. (3) Notwithstanding ORS 138.650, a judgment dismissing a meritless petition is not appealable. (4) A dismissal is without prejudice if a meritless petition is dismissed without a hearing and the petitioner was not represented by counsel.
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