Yann v. Bowser

In reviewing the trial court's grant of summary judgment for legal error, the Court determines “whether there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Evans v. City of Warrenton, 283 Or App 256, 258, 388 P3d 1167 (2016); ORCP 47 C.

Petitioner appealed the denial of his petition for post-conviction relief. Petitioner assigned error to the court’s grant of summary judgment to the Superintendent on Petitioner’s second claim for relief. On appeal, Petitioner argued that he received inadequate and ineffective assistance of counsel because his attorney did not elicit testimony to support a finding in favor of Petitioner. In response, the Superintendent argued that summary judgment was required because there was other evidence in the record to support the court's conclusion and the Petitioner failed to produce evidence to support his claim. In reviewing the trial court's grant of summary judgment for legal error, the Court determines “whether there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Evans v. City of Warrenton, 283 Or App 256, 258, 388 P3d 1167 (2016); ORCP 47 C. The Court found Petitioner presented sufficient evidece that was relevant and admissible, and therefore, the Superintendent was not entitled to summary judgment. Reversed and remanded on the second claim for relief; otherwise affirmed.