A Book from the Library of Defense

Oregon Appellate Court, September 10, 2020

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by: Rankin Johnson • September 15, 2020 • no comments


Summarized by Rankin Johnson, OCDLA

POST-CONVICTION RELIEF - Summary-judgment procedure

Post-conviction court was required to hold a hearing when summary-judgment pleadings raised issue of fact. Reversed and remanded.

Petitioner raised multiple issues relating to his mental health. Defendant, in seeking summary judgment, argued that petitioner was required to attach documents in support of his factual allegations. Petitioner responded that he could testify in support of those allegations. The Court of Appeals agreed with petitioner. The court declined to hold that the error was harmless, because, in accepting petitioner's guilty plea, the original trial court could have been presented with the question of petitioner's fitness and made inquiries to resolve it.

Snyder v. Amesberry 306 Or App 439 (September 10, 2020) (James) (Umatilla County, Hill)

HABEAS CORPUS - Medical care

Pleadings raised a fact question regarding defendant's indifference to plaintiff's medical needs, such that dismissal was not appropriate. Reversed.

Easley v. Bowser 306 Or App 460 (September 10, 2020) (Kamins) (Umatilla County, Temple)