Cavitt v. Coursey

In this post-conviction case, petitioner appeals a judgment dismissing each of his claims with prejudice. Petitioner now argues that, contrary to the post-conviction court’s ruling, his petition adequately stated claims for relief for purposes of ORCP 21 A(8) and also satisfied ORS 138.580, which requires that “[affidavits, records or other documentary evidence supporting the allegations of the petition shall be attached to the petition” for post-conviction relief. The state1 now concedes that the trial court erred in dismissing one of petitioner’s claims. For the reasons that follow, we…