Bogle v. State’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"ORS 138.550, which is not amended by this bill, allows that PCR grounds for relief that were not raised in the original or amended petition 'are deemed waived unless the court on hearing a subsequent petition finds grounds for relief asserted which could not reasonably have been raised in the original or amended petition .' (Emphasis added). The question we have is how this statute might come into play both when a PCR is timely filed within 120 days and when it is not. Our suggestion is that an amendment may be necessary to the current bill to allow the issues brought up on a PCR past 120 days if they could not reasonably have been raised before that time. On the other hand, everyone who misses the 120 days SOL may raise the issue that their issues could not have reasonably been raised earlier and the court would have to review that issue. Without such an amendment, however, there is a greater chance of litigation as long as postconviction relief is available in some form."”

   1 later decision quote this exact passage
   e.g. Gutale v. State

2. “"The res judicata provisions were among 'the most important [provisions of] the act.' They were intended to 'provide a clear and workable basis for reducing the tide of postconviction litigation to manageable proportions, while maintaining standards of fairness.' "”

   1 later decision quote this exact passage
   e.g. Gutale v. State

3. “ORS 138.550(3) is one of the res judicata provisions of the PCHA.”

   1 later decision quote this exact passage
   e.g. Gutale v. State