Oregon Supreme Court - August 9, 2018
by: Rankin Johnson • August 23, 2018 • no comments
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[https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll3/id/6831/download#page=1&zoom=auto ''State v. Bliss''] 363 Or 426 (August 9, 2018) (Balmer, J.) | [https://cdm17027.contentdm.oclc.org/digital/pdf.js/web/viewer.html?file=/digital/api/collection/p17027coll3/id/6831/download#page=1&zoom=auto ''State v. Bliss''] 363 Or 426 (August 9, 2018) (Balmer, J.) | ||
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Latest revision as of 09:29, August 24, 2018
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.)
