Big PCR News, part 1
by: Ryan • June 21, 2013 • no comments
According to today's press release, the Oregon Supreme Court has granted a state's petition to review to a significant PCR case:
Keith Kendon Ogle, Sr. v. Mark Nooth (S061162) (A148493) (appeal from Malheur County Circuit Court; opinion reported at 254 Or App 665, 298 P3d 32 (2013)).
The State of Oregon has been granted review of a Court of Appeals decision that reversed and remanded a judgment dismissing the formal post-conviction petition of petitioner Keith Kendon Ogle, Sr.
On review, the issues are:
(1) What must a petitioner do, with respect to the filing of a petition for post-conviction relief, to comply with the requirement in ORS 138.580 that "[a]ffidavits, records or other documentary evidence supporting the allegations of the petition shall be attached to the petition"?
(2) Can a petitioner satisfy the attachment requirement by submitting his own affidavit, which contains averments for which allegedly he has no personal knowledge?
