Ross v. Franke
Case #: A147989
Duncan, J., for the Court; Armstrong, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147989.pdf
Post-Conviction Relief: ORS 138.580 requires a petitioner to attach documentary evidence to support allegations in his petition.
Ross appealed a judgment dismissing his petition for post-conviction relief. The post-conviction court dismissed his petition because he failed to attach “affidavits, records or other documentary evidence supporting the allegations of the petition,” in accordance with ORS 138.580. In his petition, Ross notified the court that he was attaching exhibits in support of his allegations. However, Ross failed to attach those exhibits. Ross did fax an exhibit to the state before the hearing, but did not amend his petition to include that exhibit, nor enter the exhibit into the record. Because that exhibit was not in the record, the Court of Appeals could not consider it in determining whether Ross could defeat the State’s motion to dismiss. Ross attached nothing to his petition, and hence, failed to comply with ORS 138.580. Affirmed.