Oregon Court of Appeals 12-22-10

by: Abassos • December 21, 2010 • no comments

Read the full article for details about the following new cases:

• Parole Board hearings - Right to Review Recordse
• PCR Appeal - Sex Abuse

=

Parole Board hearings - Right to Review Records===

In both of these cases, counsel wanted to review records the Parole Board was using for its decision not to set a release date. The Court finds that whatever justification exists for blocking information to the prisoner or the public does not hold to a sufficient degree with regard to the prisoner's attorney. At least where the attorney files a written statement agreeing not to further disclose the information and, if necessary, file a redacted brief. Fisher v. Board of Parole/Gordon v. Board of Parole

PCR Appeal - Sex Abuse

Trial counsel was not constitutionally inadequate for failing to interview, subpoena or call certain witnesses because the proffered evidence would have been (1) inadmissible (2) in conflict with the theory used at trial or (3) unknown at the time of trial. Adams v. Nooth