Lopez-Becerra v. State of Oregon

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 08-03-2016
  • Case #: A156280
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; Garrett, J.
  • Full Text Opinion

Under ORS 138.640(1), a post-conviction judgment requires that the court: identify the claims for relief considered and make separate rulings on each claim; declare whether the denial is based on petitioner’s failure to utilize or follow available state procedures or a failure to establish the merits of the claim; make the legal bases for denial of relief apparent.

Petitioner appealed the post-conviction court's dismissal of his claims as untimely. At the post-conviction court, the State moved to dismiss Petitioner’s petition for post-conviction relief for ineffective and inadequate assistance of counsel as untimely. Under ORS 138.640(1) a post-conviction judgment requires the identification of the claims for relief that the court considered and separate rulings on each claim; declaration of whether the denial is based on petitioner’s failure to utilize or follow available state procedures or a failure to establish the merits of the claim; the legal bases for denial of relief to be apparent. The judgment satisfied all three requirements because it was clear that Petitioner’s claims were not timely; the judgment’s reasoning was sufficient to make clear it was based on procedural grounds; and the judgment was clear as to the court’s legal basis for denial of relief. Affirmed.

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