Relief which court may grant
Source:
Section 138.520 — Relief which court may grant, https://www.oregonlegislature.gov/bills_laws/ors/ors138.html
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Notes of Decisions
Where there was a substantial question, at the time thereof, of the petitioner’s competency to waive indictment, to waive trial by jury and to enter a plea of guilty the post-conviction court shall conduct a hearing to determine whether or not the petitioner was competent at the times in question. Brady v. Calloway, 11 Or App 30, 501 P2d 72 (1972), Sup Ct review denied
Post-conviction court has authority to make release decision as part of or supplemental to relief granted and has jurisdiction to grant supplementary orders respecting release and bail even though case is on appeal. Johnson v. Maass, 98 Or App 97, 778 P2d 508 (1989)
Post-conviction relief may not be granted for attorney’s failure to investigate and present alibi defense that was based on false information petitioner gave to his attorney. Johnson v. Maass, 99 Or App 693, 784 P2d 107 (1989), Sup Ct review denied
Post-conviction court may apply remedy that is just and proper to correct error identified by petitioner, notwithstanding that applied remedy may exceed scope of remedy sought by petitioner. Brock v. Baldwin, 171 Or App 188, 14 P3d 651 (2000), Sup Ct review denied
Sentencing court may not modify sentence that has already been completely served. State v. Bisby, 212 Or App 86, 157 P3d 262 (2007), Sup Ct review denied