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.

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.

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