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DATT v. HILL

(CC 05024238M; CA A130434; SC S056842).

227 P.3d 714 (2010)

347 Or. 672

Verendra DATT, Respondent on Review, v. Jean HILL, Superintendent, Snake River Correctional Institution, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Stacy RJ Guise, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

David J. Celuch, Portland, argued the cause and filed the brief for respondent on review.

WALTERS, J.

In this post-conviction case, the post-conviction trial court denied petitioner's claim for relief and recorded on the judgment that it based its decision on a "failure of proof." In a divided decision, the Court of Appeals reversed that judgment, concluding that the post-conviction trial court's explanation did not satisfy the requirement of ORS 138.640(1)1 that the post-conviction judgment "clearly state the grounds on which...

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