Dudrov v. State of Oregon

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 11-04-2015
  • Case #: A154600
  • Judge(s)/Court Below: Lagesen, J. for the Court; Ortega, P.J.; & Garrett, J.
  • Full Text Opinion

ORS 138.640(1) imposes a clear-statement rule on judgments in post-conviction proceedings.

Petitioner appealed from a judgement denying post-conviction relief on the grounds that the judgment was entered in an incorrect form under ORS 138.640(1). ORS 138.640(1) imposes a clear-statement rule on judgments in post-conviction proceedings. A post-conviction judgment that denies relief must do three things: (1) identify the claims for relief that the court considered and make separate rulings on each claim; (2) declare, with regard to each claim, whether the denial is based on a petitioner; failure to utilize or follow available state procedures or a failure to establish the merits of the claim; and (3) make the legal bases for denial of relief apparent. The Court held that Petitioner did not preserve her assigned error even though she was provided an opportunity. Affirmed.

Advanced Search