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.)