- 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
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.