Tolle v. Franke

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 03-19-2014
  • Case #: A151417
  • Judge(s)/Court Below: Per curiam; Ortega, P.J.; Devore, J.; and Schuman, S.J.
  • Full Text Opinion

A petition for post-conviction relief that meets the requirements of ORS 138.580 should not be dismissed.

Petitioner appealed a post-conviction court's judgment denying post conviction relief for failure to call certain witnesses due to failure to attach supporting affidavits to the petition as required pursuant to ORS 138.580. The State conceded the attached documentation met the statutory requirements and therefore the dismissal was in error. The Court reviewed the petition and agreed the petition was sufficient. Reversed and remanded for further proceedings on petitioner's claim that he was denied adequate assistance of trial counsel because of the failure to call certain witnesses; otherwise affirmed.

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