Legal Opinion

Berg v. Nooth

Court of Appeals of Oregon

Decided August 19, 2015No. 09077474P; A147322PublishedCited by 1 opinion

1Opinion of the CourtHadlock, J.

In this post-conviction action, petitioner sought to set aside his no-contest plea to charges of attempted murder, first-degree kidnapping, and second-degree assault. Petitioner claimed that his plea was not voluntary because the prosecutor had threatened — if petitioner did not enter a guilty or no-contest plea — to prosecute petitioner’s family members for witness tampering and to secure a judgment against petitioner’s daughter for the $150,000 security amount associated with petitioner’s release. The post-conviction court denied relief after determining, first, that petitioner had not…

2Cases cited10 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. Vernard Miles, Jr. v. Donald A. Dorsey, Warden Attorney General of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1995
  3. Palmer v. State of OregonOregon Supreme Court · 1994
  4. Pereida-Alba v. CourseyOregon Supreme Court · 2015
  5. Lyons v. PearceOregon Supreme Court · 1985

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3Cited by1 opinion

  1. Donavan Fortin v. Mark NoothCourt of Appeals for the Ninth Circuit · 2018

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