McKeachie v. Coursey

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 06-03-2015
  • Case #: A152458
  • Judge(s)/Court Below: PER CURIAM. Ortega, P.J.; DeVore, J.; & Garrett, J.
  • Full Text Opinion

Under 138.640, a judgment granting or denying post-conviction relief must contain (1) identification of claims for relief the court considered and separate rulings on each claim; (2) declaration for each claim whether denial is based on petitioner's failure to utilize or follow available state procedures or failure to establish merits of his claim; and (3) apparent legal bases for denial of relief.

Petitioner McKeachie appealed from a judgment denying his petition for post-conviction relief, alleging that the post-conviction court's judgment was noncompliant with ORS 138.640, which requires three items be included in a judgment for or against post-conviction relief: (1) identification of claims for relief the court considered and separate rulings on each claim; (2) declare for each claim whether denial is based on petitioner's failure to utilize or follow available state procedures or failure to establish merits of his claim; and (3) make the legal bases for denial of relief apparent. The Court held that the court's judgment failed to clearly state the legal bases for the court's denial of some claims for relief. Reversed and remanded.

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