Datt v. Hill

In Whipple v. Hill, 202 Or App 34, 37-38, 38 n 1, 120 P3d 1251, rev den, 339 Or 701 (2005), we noted that ORS 138.640 does not require express findings, and we explained that a clear statement of the grounds for determination could consist of a general statement that the petitioner “did not carry his burden of proof by a preponderance of the evidence as to his or her allegation.” The majority now holds that such a statement does not satisfy the statute. I disagree and therefore respectfully dissent.

Even ignoring the fact that the judgment in this case is consistent with what we said in…