Oregon Supreme Ct - Dec 22, 2016

by: Sara Werboff • December 23, 2016 • no comments

Post-Conviction Relief - Trial Court Erred in Granting Motion for Summary Judgment on Petitioner's Successive PCR Claim Alleging Brady Violation

Petitioner was convicted of aggravated murder and pursued appellate and post-conviction remedies. Petitioner's first PCR petition was denied in 1999. In 2012, again sought PCR alleging that the state withheld impeachment evidence in violation of petitioner's due process rights under Brady. Petitioner alleged that she did not know of the Brady violation until her co-defendant's PCR attorney discovered it in the prosecutor's files in 2012. Petitioner contended that she could not have raised that claim in her 1999 PCR petition. The defendant moved for summary judgment alleging that petitioner could have raised that claim in her original PCR and arguing that petitioner had not asserted any facts to show why she could not have obtained the same information from the prosecutor's file in her original PCR case. The trial court granted the motion for summary judgment and the Court of Appeals affirmed.

On review, the court reverses the summary judgment.

Eklof v. Steward, 360 Or 717 (2016) (Brewer, J.)