Eklof v. StewardAnnotate this Case
Petitioner Karlyn Eklof was convicted for aggravated murder, for which she received a life sentence without the possibility of parole. He filed this successive action for postconviction relief to appeal the Court of Appeals decision that upheld summary judgment for the State on the ground that petitioner’s “Brady” violation claim was barred as a matter of law under ORS 138.510(3) and ORS 138.550(3).Under “Brady v. Maryland,” (373 US 83 (1963), the United States Supreme Court held that a prosecutor’s withholding of favorable evidence from a criminal defendant violated due process where the evidence was material either to guild or to punishment, irrespective of the good or bad faith of the prosecution. Petitioner argued that she was entitled to pursue her Brady violation claim despite the bars against untimely and successive petitions set out in the Oregon statutes, and that the trial court erred in concluding that her petition was barred as a matter of law. After review, the Oregon Supreme Court agreed that the trial court erred in granting the state’s motion for summary judgment on petitioner’s Brady violation claim. Accordingly, the Court reversed and remanded for further proceedings.