Ogle v. Nooth

Petitioner appeals from a judgment dismissing his formal petition for post-conviction relief. Petitioner argues that the post-conviction court erred when it granted the state’s motion to dismiss his petition for failing to attach “[affidavits, records or other documentary evidence supporting the allegations of the petition,” as required by ORS 138.580. We agree with petitioner and, therefore, reverse and remand.

A jury convicted petitioner of second-degree assault constituting domestic violence, possession of methamphetamine, and two counts of endangering the welfare of a minor. The trial…