A Book from the Library of Defense

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by: Rankin Johnson IV • August 23, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Traffic stops

Automobile exception applies when the initial stop was for a traffic infraction. Affirmed.

State v. Bliss 363 Or 426 (August 9, 2018) (Balmer, J.)

POST-CONVICTION - Church hearings

Post-conviction court did not err in denying Church motions. Affirmed.

A post-conviction petitioner seeking either substitute counsel or that counsel be directed to add a claim must establish that counsel is not exercising professional skill and judgment in failing to raise a claim. A trial court has discretion in choosing whether to set a hearing or take evidence in ruling on such a motion.

The court further held that all post-conviction claims must be raised in a single proceeding. A post-conviction petitioner cannot raise any claims, including Church claims, in a successive petition without satisfying the statutory requirements for a successive petition.

Bogle v. State 363 Or 426 (August 9, 2018) (Duncan, J.)