Oregon Supreme Ct - June 12, 2014
by: Abassos and Katie Watson • June 17, 2014 • no comments
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The attachment provision of ORS 138.580 requires that a petitioner submit evidence that “aids and advances” the allegations of a petition. In this case, the petitioner attached evidence that his criminal trial counsel failed to meet and prepare a witness and failed to adequately investigate the victim’s hospital records. The court finds that the petitioner’s attached evidence “aided and advanced” his claim of self-defense. However, it was not sufficient to support his defense that he did not cause the victim serious physical injury because the admission of hospital and medical records would not have changed the doctor’s eventual diagnosis of the victim. Affirmed in part and reversed in part. [http://www.publications.ojd.state.or.us/docs/S061162KK.pdf Ogle v. Nooth], 355 Or 570 (2014). | The attachment provision of ORS 138.580 requires that a petitioner submit evidence that “aids and advances” the allegations of a petition. In this case, the petitioner attached evidence that his criminal trial counsel failed to meet and prepare a witness and failed to adequately investigate the victim’s hospital records. The court finds that the petitioner’s attached evidence “aided and advanced” his claim of self-defense. However, it was not sufficient to support his defense that he did not cause the victim serious physical injury because the admission of hospital and medical records would not have changed the doctor’s eventual diagnosis of the victim. Affirmed in part and reversed in part. [http://www.publications.ojd.state.or.us/docs/S061162KK.pdf Ogle v. Nooth], 355 Or 570 (2014). | ||
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Latest revision as of 11:12, June 18, 2014
A PCR Petitioner Must Submit Evidence That Aids or Advances Allegations
The attachment provision of ORS 138.580 requires that a petitioner submit evidence that “aids and advances” the allegations of a petition. In this case, the petitioner attached evidence that his criminal trial counsel failed to meet and prepare a witness and failed to adequately investigate the victim’s hospital records. The court finds that the petitioner’s attached evidence “aided and advanced” his claim of self-defense. However, it was not sufficient to support his defense that he did not cause the victim serious physical injury because the admission of hospital and medical records would not have changed the doctor’s eventual diagnosis of the victim. Affirmed in part and reversed in part. Ogle v. Nooth, 355 Or 570 (2014).
