OGLE v. NOOTH

10108394P; A148493.

298 P.3d 32 (2013)

254 Or. App. 665

Keith Kendon OGLE, Sr., Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 30, 2013.


Attorney(s) appearing for the Case

James N. Varner filed the brief for appellant.

Ryan Kahn , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.


DUNCAN, J.

Petitioner appeals from a judgment dismissing his formal petition for post-conviction relief. Petitioner argues that the post-conviction court erred when it granted the state's motion to dismiss his petition for failing to attach "[a]ffidavits, records or other documentary evidence supporting the allegations of the petition," as required by ORS 138.580. We agree with petitioner and, therefore, reverse and remand.

A jury convicted petitioner of second...

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