Stoeckert v. Nooth

344 P.3d 136, 269 Or. App. 335, 2014 Ore. App. LEXIS 1899
CourtCourt of Appeals of Oregon
DecidedFebruary 25, 2015
Docket11058780P; A150615
StatusPublished
Cited by1 cases

This text of 344 P.3d 136 (Stoeckert v. Nooth) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stoeckert v. Nooth, 344 P.3d 136, 269 Or. App. 335, 2014 Ore. App. LEXIS 1899 (Or. Ct. App. 2015).

Opinion

DEVORE, J.

Petitioner appeals the post-conviction court’s judgment dismissing his petition for post-conviction relief for lack of sufficient documentation, ORS 138.580.1 Petitioner argues that his post-conviction relief petition properly stated claims for relief, and that, as to several of the claims, there was no additional documentation required. We decline to address, without further discussion, petitioner’s additional pro se arguments. We review the post-conviction court’s legal conclusions for errors of law. ORS 138.650; Pinnell v. Palmateer, 200 Or App 303, 318, 114 P3d 515 (2005), rev den, 340 Or 483 (2006). In light of the recent decision in Ogle v. Nooth, 355 Or 570, 330 P3d 572 (2014), we reverse and remand.

The facts are undisputed and procedural in nature. Petitioner pleaded guilty to two counts of first-degree sexual abuse, ORS 163.427. He subsequently sought post-conviction relief, asserting inadequate assistance of counsel. In support of that claim, petitioner included four specific allegations:

“a. Trial counsel was ineffective in allowing Petitioner to enter into a plea that was not knowingly, voluntarily, and intelligently made. Petitioner suffered from severe depression in the weeks leading up to his entry of a guilty plea and trial counsel was aware of Petitioner’s mental state. Petitioner’s depression caused him to enter into the plea, and had Petitioner been more emotionally stable, he would not have entered into the plea agreement.
“b. Trial counsel was ineffective in failing to object to the Honorable Michael Sullivan’s behavior during the settlement conference. The judge informed Petitioner that he would not leave the room unless he made a deal with the District Attorney’s office. The judge also informed Petitioner that touching the victim was sufficient evidence to convict Petitioner of Unlawful Sexual Penetration in the First Degree. Had trial counsel objected to the judge’s [337]*337behavior during the settlement conference, or requested that the conference end, Petitioner would not have pled guilty pursuant to the plea agreement.
“c. Trial counsel was ineffective in failing to present or review with petitioner a copy of the discovery in Petitioner’s case, including the police reports and interviews with the alleged victim. Had trial counsel reviewed this discovery with Petitioner, Petitioner would not have pled guilty pursuant to the plea agreement.
“d. Trial counsel was ineffective in failing to argue against the sentence imposed on Petitioner, given that Petitioner had no prior criminal history. Had trial counsel argued against the constitutionality of the sentence, or argued to have the sentences run concurrent, Petitioner would not have received such a lengthy sentence.”

In support of those allegations, petitioner included a sworn affidavit in which he explained that he was depressed and suicidal at the time of his plea, that his counsel did not attempt to curtail alleged poor judicial conduct, that his counsel did not share or review discovery (police reports and victim interviews) with him prior to entering a plea, and that his trial counsel did not argue “against [his] sentence.”

The state moved for judgment on the pleadings for, among other things, lack of sufficient documentation under ORS 138.580, and petitioner requested a hearing on the motion. At the motion hearing, the state argued that petitioner’s affidavit in support of his petition “is just not good enough” and that there were no documents attached to the petition in support of his claim that trial counsel was ineffective in failing to review a copy of the discovery with petitioner. Petitioner’s counsel contended that “petitioner was confused during [the] plea hearing” and that his confusion was evidenced by the record of the hearing and his affidavit. The post-conviction court explained:

“I am puzzled by this because there isn’t any indication— alright, for example on paragraph 4, let’s assume that’s true, his counsel never showed them to him. You need to indicate in some way how that — how that information contained in that would have made a difference or something along those lines. Is there something exculpatory in them? Without attaching them they’re simply — it’s just an [338]*338assertion that if I’d seen the police reports I guess I wouldn’t have entered the plea.
“The other problem here is if he was depressed and he was having these problems, there ought to be some kind of evidence to substantiate that, other than him saying in hindsight, T was depressed.’ Mental health records, affidavits from friends or family, something that would support this, particularly when the transcript just simply doesn’t— you know, doesn’t support that.”

The court determined that there was insufficient supporting documentation for each of the four claims and granted the state’s motion. The court ordered:

“The Court being first fully advised, and finding that the claims in MQa, 9b, 9c, and 9d lack supporting documentation and that [the state’s] motion is sound and well taken under ORS 138.580, for all of the reasons cited in [the state’s] points and authorities,
“NOW, THEREFORE, IT IS ORDERED that [the state’s] Motion for Judgment on the Pleadings as to MOa, 9b, 9c, and 9d is granted. IT IS FURTHER ORDERED that the claims in M9a, 9b, 9c, and 9d of the Formal Petition for Post-Conviction Relief are dismissed with prejudice and that the petition is dismissed with prejudice in its entirety.”

On appeal, petitioner argues that the post-conviction court erred, because ORS 138.580 did not require petitioner to submit additional evidence supporting his claims. Petitioner further argues that there is “no more documentation required than petitioner’s allegations and anticipated trial testimony” but that, here, petitioner exceeded that requirement by submitting an affidavit “providing more detail concerning [his] claim.” The state responds, first, that “[w]ith respect to three of the claims [allegations 9a, 9b, and 9d], petitioner may be correct” in that his documentation was sufficient to satisfy ORS 138.580, but that there was not sufficient evidence, as required by ORS 138.580, to support petitioner’s claim that his trial counsel provided inadequate assistance by failing to provide him discovery (allegation 9c).

[339]

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Related

Holcomb v. Taylor
397 P.3d 517 (Court of Appeals of Oregon, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
344 P.3d 136, 269 Or. App. 335, 2014 Ore. App. LEXIS 1899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoeckert-v-nooth-orctapp-2015.