Ogle v. Nooth
Annotate this Case
In October 2009, a jury found petitioner guilty of one count of second-degree assault constituting domestic violence, one count of possession of methamphetamine, and two counts of endangering the welfare of a minor. The trial court entered a judgment of conviction and sentenced defendant to 76 months in prison and 36 months of post-prison supervision. A year later, petitioner filed a pro se petition for post-conviction relief. The post-conviction court appointed counsel for petitioner. Petitioner's counsel then filed an amended petition for post-conviction relief, in which petitioner alleged that he had been denied effective assistance of counsel in various respects, in violation of the Oregon Constitution and United States Constitution. Specifically, petitioner alleged that his criminal trial counsel had been ineffective in failing to meet with and prepare a witness, who was present during the incident and was interviewed by the police after petitioner's arrest; in failing adequately to "investigate" the victim's hospital records; in failing to offer the victim's medical records into evidence; and in failing adequately to cross-examine the victim's treatment provider. Petitioner attached to the amended petition the indictment, judgment, and trial transcript from his criminal trial. The issue this case presented to the Supreme Court for review centered on a provision of the Post-Conviction Hearing Act (PCHA), The Court concluded that that statute requires a petitioner to attach materials, including the petitioner's own averments of fact, that address each element of each asserted ground for relief and that, if presumed true, would permit the post-conviction court to determine that the petitioner was entitled to post-conviction relief on that ground. The post-conviction court granted the state's motion to dismiss, concluding that the materials that petitioner had attached to his petition were insufficient to meet the statutory requirement. The Supreme Court found that petitioner met the attachment requirement of the Act with respect to his first ground for relief but not with respect to his second, third, and fourth grounds for relief. Therefore, the Court affirmed in part and reversed in part the decision of the Court of Appeals and remanded the case to the post-conviction court for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.