Eklof v. Persson
Annotate this CasePetitioner Karlyn Eklof was convicted of aggravated intentional murder in 1995 and sentenced to life in prison without the possibility of parole. In this, her second case seeking post-conviction relief, petitioner moved to amend her complaint a third time to introduce new claims that the State unlawfully withheld exculpatory evidence in petitioner’s criminal trial. The State presented evidence from the records of earlier cases involving the same murder, which purported to show that petitioner or her counsel knew about the allegedly withheld evidence and the possibility that it was withheld, and, therefore, reasonably could have raised her claims. After considering that evidence, the post-conviction court denied petitioner leave to amend her petition. Petitioner sought review by the Oregon Supreme Court, asking whether the merit of the proposed amendments, including whether they were procedurally barred, was relevant to determining whether to grant leave to amend under ORCP 23 A, and whether the post-conviction court erred in considering the State’s evidence. Because the State and post-conviction court identified no meaningful prejudice to the State resulting from petitioner’s proposed amendments, the post-conviction court abused its discretion in denying leave to amend. The Supreme Court therefore reversed the decision of the Court of Appeals and the judgment of the circuit court, and remanded to the circuit court for further proceedings.
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