Newton v. Kelly

78 Submitted August 8, affirmed September 13, 2023, petition for review denied January 12, 2024 ( 371 Or 825) SIDNEY NEWTON, Petitioner-Appellant, v. Brandon KELLY, Superintendent, Oregon State Penitentiary, Defendant-Respondent. Marion County Circuit Court 19CV16817; A177335

536 P3d 1098

Petitioner appeals from a judgment denying his petition for post-conviction relief, which included a freestanding claim of actual innocence. Held: The new evidence offered by petitioner fell far short of the exacting standard of proof that would govern any claim of actual innocence, assuming such a claim…