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Tracy v. Nooth

Summarized by: 

Date Filed: 02-27-2013
Case #: A140606
Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A140606A.pdf

Appellate Procedure: A court may allow reconsideration to clarify its disposition.

Tracy sought reconsideration of the opinion in Tracy v. Nooth, 252 Or. App. 163, 285 P.3d 745 (2012) (Tracy I), where the Court of Appeals concluded the post-conviction court erred in denying Tracy's requests for subpoenas and remanded for further proceedings. The Court limited the scope of remand to Tracy's claims related to the subpoenas. Tracy argued that the scope of remand was too narrow and asked for leave to raise any ordinary claims arising form post-conviction procedure, including amending his petition. In Tracy I, the Court affirmed the claims unrelated to the subpoenas, and did not preclude Tracy from amending his petition. The Court disagreed with Tracy's interpretation of remand, and therefore allowed reconsideration for clarification. Reconsideration allowed; former opinion clarified and adhered to as clarified.