ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S061162
CA Number:
A148493
Case Title:
Keith Kendon Ogle, Sr. v. Mark Nooth
Date:
11/04/2013
Time:
09:00 AM
Location:
Supreme Court Case 2
Attorneys:
Ryan P. Kahn on behalf of Mark Nooth
James N. Varner on behalf of Keith Kendon Ogle
Comments:
Statement of Issues:
Keith Kendon Ogle, Sr. v. Mark Nooth (S061162) (A148493) (appeal from Malheur County Circuit Court; opinion reported at 254 Or App 665, 298 P3d 32 (2013)).

The State of Oregon has been granted review of a Court of Appeals decision that reversed and remanded a judgment dismissing the formal post-conviction petition of petitioner Keith Kendon Ogle, Sr.

On review, the issues are:

(1) What must a petitioner do, with respect to the filing of a petition for post-conviction relief, to comply with the requirement in ORS 138.580 that "[a]ffidavits, records or other documentary evidence supporting the allegations of the petition shall be attached to the petition"?

(2) Can a petitioner satisfy the attachment requirement by submitting his own affidavit, which contains averments for which allegedly he has no personal knowledge?

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:


Last Revised: 06/26/2013