Holcomb v. Taylor

A sharp focus reveals that the materials attached to petitioner’s petition for post-conviction relief (PCR) do not suffice to “support” the petition as required by ORS 138.580 and instead support the conclusion on summary judgment that a defense of self-defense was unavailable as a matter law. The majority relies on petitioner’s own affidavits to posit the prospect of self-defense, but, as the Supreme Court put it in Ogle v. Nooth, 355 Or 570, 594, 330 P3d 572 (2014), “other materials that he attached to his petition proved differently.” Because application of Ogle to contradictory materials…