Appeals
Petition
Notes of Decisions
Court may not act sua sponte to grant relief on grounds not specified in petition. Bowen v. Johnson, 166 Or App 89, 999 P2d 1159 (2000), Sup Ct review denied
Provision that argument, citations and discussion of authorities "may" be submitted in separate memorandum of law does not prohibit court from requiring submission of trial memorandum. Phan v. Morrow, 185 Or App 628, 60 P3d 1111 (2003)
Content of attachments to petition must aid or advance allegations of petition so that, if true and offered in admissible form, would permit court to rule for petitioner. Ogle v. Nooth, 355 Or 570, 330 P3d 572 (2014)
Attachments to petition are not held to particular standard of reliability other than petitioner's own certification of accuracy. Ogle v. Nooth, 355 Or 570, 330 P3d 572 (2014)
Notes of Decisions
Any person who is convicted of a crime may seek relief under this section, whether or not he is in custody, regardless of whether his conviction is for a felony or misdemeanor. Morasch v. State, 261 Or 299, 493 P2d 1364 (1972)
Habeas corpus is a proper method of questioning the constitutionality of treatment accorded prisoners. Bekins v. Cupp, 274 Or 115, 545 P2d 861 (1976)
These sections afforded plain, speedy and adequate remedy in lower courts and state Supreme Court would not exercise original habeas corpus jurisdiction. Sweet v. Cupp, 640 F2d 233 (1981)
Post-conviction relief is not suspension of writ of habeas corpus; it provides different procedure but retains all necessary substantive and procedural advantages of the writ. Atkeson v. Cupp, 68 Or App 196, 680 P2d 772 (1984), Sup Ct review denied
Post-conviction relief under these sections is available to those convicted of DUII Class A traffic infractions to remedy constitutional violations. Evers v. State, 69 Or App 450, 685 P2d 1024 (1984)
Availability of post-conviction relief to persons convicted under state law but not to those convicted under municipal law does not violate Article I, section 20, or equal protection clause of Fourteenth Amendment, because persons convicted under municipal law do not constitute true class, and there is no discriminatory application of law. Hunter v. State of Oregon, 306 Or 529, 761 P2d 502 (1988)
Granting of delayed appeal authorized where necessary to rectify substantial denial of constitutional rights. State v. Macy, 316 Or 335, 851 P2d 579 (1993)
Federal constitutional principle requiring that facts that increase penalty for crime beyond statutory maximum be submitted to jury does not apply retroactively to afford post-conviction relief. Page v. Palmateer, 336 Or 379, 84 P3d 133 (2004)
State will retroactively apply new federal rule regarding constitutionality only if rule places certain kinds of conduct beyond proscription or if procedural rule affects fundamental fairness required for accurate conviction. Page v. Palmateer, 336 Or 379, 84 P3d 133 (2004)
Law Review Citations
68 OLR 269 (1989)