Datt v. Hill

In this post-conviction case, the post-conviction trial court denied petitioner’s claim for relief and recorded on the judgment that it based its decision on a “failure of proof.” In a divided decision, the Court of Appeals reversed that judgment, concluding that the post-conviction trial court’s explanation did not satisfy the requirement of ORS ISS.bdiXl) 1 that the post-conviction judgment “clearly state the grounds on which the cause was determined.” Datt v. Hill, 220 Or App 657, 188 P3d 384 (2008). The majority reasoned that ORS 138.640(1) was intended to require post-conviction trial…