Ogle v. Nooth

ORS 138.580 requires a petitioner to attach materials, including the petitioners own averments of fact, that address each element of each asserted ground of relief and that, if presumed true, would permit the post-conviction court to determine that the petitioner was entitled to post-conviction relief on that ground.

Ogle appealed a motion to dismiss granted by the post-conviction court. The Court of Appeals reversed and remanded that decision. The Supreme Court reviewed the decision of the Court of Appeals. Ogle was convicted of second-degree assault constituting domestic violence, possession of methamphetamine, and endangering the welfare of a minor. Ogle filed for post-conviction relief to which the State filed a motion to dismiss for failure to comply with attachment requirements set out in ORS 138.580. Ogle appealed the post-conviction court’s decision and the Court of Appeals reversed. The Supreme Court reviewed the decision to determine the substantive contents of the attachment requirement and what degree of reliability the attachments must establish. The Court determined the substantive contents must permit a post-conviction court to determine whether petitioner is entitled to relief on the ground claimed, which can include the petitioners own allegations of fact. The Supreme Court then held that Ogle met the attachment requirement as to his first claim for relief but not for his second, third, and fourth claims for relief. Thus, the Court of Appeals erred in finding the attachments ineffective as to claim one, but was correct with regards to claims two, three, and four. Affirmed in part and reversed in part.