Hearing
Source:
Section 138.620 — Hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors138.html (accessed May 26, 2025).
Notes of Decisions
Evidence, in post-conviction proceeding, that petitioner secured own appeal bond, contacted attorney following conviction and sentencing, but failed to respond to attorney’s letter concerning pending appeal, was sufficient to support finding that petitioner was not denied counsel on appeal. Whitlow v. Kerner, 35 Or App 539, 581 P2d 976 (1978)
Where record showed that defendant was not informed of his rights prior to pleading guilty and there was no evidence to show that he otherwise knew what rights he waived by guilty plea, state failed to carry burden of proving that plea was voluntarily, knowingly and intelligently made. Boag v. State, 44 Or App, 605 P2d 304 (1980)
Where petitioner requests appointment of counsel pursuant to ORS 138.590, eligibility for appointment must be determined prior to hearing which finally disposes of petition. Rodacker v. State of Oregon, 79 Or App 31, 717 P2d 659 (1986)
Where merits of petition were not before court on motion to dismiss for lack of subject matter jurisdiction and court nonetheless considered merits and made factual determination that post-conviction relief was unavailable without according petitioner opportunity to present evidence or be heard otherwise on claim, court erred in dismissing on merits. McClaflin v. Wright, 101 Or App 10, 788 P2d 1027 (1990)
Court erred in granting with prejudice summary judgment motion against defendant in context of post-conviction relief, because statutory scheme requires court to hold hearing to dismiss case with prejudice, regardless of whether party requests hearing. Snyder v. Amsberry, 306 Or App 439, 474 P3d 417 (2020)
Court erred in failing to order petitioner’s presence at post-conviction hearing where state’s answer to petition simply denied all of petitioner’s allegations, thereby putting factual allegations in petition, rather than solely issues of law, at issue during hearing. Frost v. State, 320 Or App 753, 514 P3d 1182 (2022), 324 Or App 295, 525 P3d 98 (2023) (former opinion adhered to as modified)
COMPLETED CITATIONS: James v. Cupp, 5 Or App 181, 482 P2d 543 (1971), Sup Ct review denied; Patton v. Cupp, 6 Or App 1, 485 P2d 644 (1971), Sup Ct review denied