Tolle v. Franke

Petitioner appeals a judgment dismissing his amended petition for post-conviction relief. We write only to address petitioner’s contention that the court erred in dismissing his claim that trial counsel was inadequate for failing to call certain witnesses and reject his remaining contentions without discussion. Petitioner assigns error to the post-conviction court’s dismissal of that claim because petitioner failed to attach “[affidavits, records or other documentary evidence supporting the allegations of the petition[,]” as required by ORS 138.580. The state concedes that the attached…