Legal Opinion

Reeves v. Nooth

Court of Appeals of Oregon

Decided November 7, 2018No. A157444PublishedCited by 6 opinions

1Opinion of the CourtLagesen, J.

*713This case involves an untimely, successive petition for post-conviction relief in which petitioner alleges that he is "actually innocent" of most, but not all, of the offenses to which he pleaded guilty nearly 30 years ago. It requires us to consider whether a post-conviction petitioner's claim of "actual innocence" can provide both a viable "freestanding" ground for post-conviction relief, as well as a basis for disregarding otherwise applicable legislative limitations on the availability of post-conviction relief and, if so, whether petitioner's allegations and the attached evidence in…

2Cases cited27 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Bousley v. United StatesSupreme Court of the United States · 1998
  4. McQuiggin v. PerkinsSupreme Court of the United States · 2013
  5. Herrera v. CollinsSupreme Court of the United States · 1993

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3Cited by6 opinions

  1. Baker v. State of OregonCourt of Appeals of Oregon · 2023
  2. Newton v. KellyCourt of Appeals of Oregon · 2023
  3. David Palmer Dewberry v. State of IowaSupreme Court of Iowa · 2019
  4. Funkhouser v. SmithCourt of Appeals of Oregon · 2022
  5. Horath v. NoothCourt of Appeals of Oregon · 2018

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