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OGLE v. NOOTH

(CC 10108394P; CA A148493; SC S061162).

330 P.3d 572 (2014)

355 Or. 570

Keith Kendon OGLE, Sr., Respondent on Review, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Ryan P. Kahn , Assistant Attorney General, DOJ, Salem, argued the case and filed the briefs for the petitioner on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

James N. Varner , Portland, argued the case and filed the briefs for the respondent on review.

Kristin A. Carveth , Office of Public Defense Services, Salem, filed the brief for amicus curiae Office of Public Defense Services.

Ryan T. O'Connor , O'Connor Weber , Portland, filed the brief for amicus curiae Oregon Criminal Defense Lawyer's Association.

Kendra M. Matthews , Ransom Blackman, LLP, Portland, filed the brief for amicus curiae American Civil Liberties Union of Oregon, Inc. With her on the brief were Megan E. McVicar and Kevin Diaz.

WALTERS, J.

This case requires us to interpret a provision of the Post-Conviction Hearing Act (PCHA), ORS 138.510 to 138.680. ORS 138.580 requires that a petitioner seeking relief under that act attach to the petition "[a]ffidavits, records or other documentary evidence supporting the allegations of the petition * * *." We conclude that that statute requires a petitioner to attach materials, including the petitioner's own averments of fact, that address each element...

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