Legal Case

Craw v. Miller

Craw

Citation

341 Or. App. 170

Court

Court of Appeals of Oregon

Decided

June 4, 2025

Jurisdiction

SA

Importance

45%

Significant

Practice Areas

Criminal Law
Post-Conviction Relief

Case Summary

170 June 4, 2025 No. 516 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON MICHAEL THOMAS CRAW, Petitioner-Appellant, v. Jamie MILLER, Superintendent, Snake River Correctional Institution, Defendant-Respondent. Malheur County Circuit Court 20CV11843; A182186 J. Burdette Pratt, Senior Judge. Submitted March 18, 2025. Corbin Brooks and Equal Justice Law filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General, filed the brief for respondent. Michael T. Craw filed the supplemental brief pro se. Before Ortega, Presiding Judge, Lagesen, Chief Judge, and Hellman, Judge. HELLMAN, J. Affirmed. Nonprecedential Memo Op: 341 Or App 170 (2025) 171 HELLMAN, J. Petitioner appeals from a judgment that denied his petition for post-conviction relief on five claims related to constitutionally ineffective and inadequate assistance of counsel in the underlying criminal case in which he pleaded no contest to 10 counts of first-degree encouraging child sexual abuse, ORS 163.684, and 10 counts of second- degree encouraging child sexual abuse, ORS 163.686. On appeal, he raises two assignments of error through coun- sel and three assignments of error pro se. In his counseled assignments, he claims that the post-conviction court erred in ruling that trial counsel was not ineffective for failing to advise petitioner that he could file a successful motion to suppress images obtained from his computer and for failing to advise petitioner that he had a right to a unanimous jury verdict. In his three supplemental pro se assignments of error, petitioner claims that the post-conviction court erred in ruling that trial counsel was not ineffective for failing to file a motion to suppress on the grounds that the warrant lacked probable cause or on the grounds that, among other things, it did not comply with the statutory requirements under ORS 133.615, and for failing to file a motion to dis- miss on the grounds that his arrest was unlawful. We reject petitioner’s counseled assignments and first supplemental assignment because we conclude that petitioner did not establish his claims for relief. We reject petitioner’s second and third supplemental assignments as unpreserved. We therefore affirm. We review the post-conviction court’s decision for legal error. Green v. Franke, 357 Or 301, 312, 350 P3d 188 (2015). “A post-conviction court’s findings of historical fact are binding on this court if there is evidence in the record to support them.” Id. A petitioner claiming inadequate assis- tance of counsel under Article I, section 11, of the Oregon Constitution has the burden “to show, by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that petitioner suffered prejudice as a result.” Trujillo v. Maass, 312 Or 431, 435, 822 P2d 703 (1991) (“Only those acts or omissions by counsel which have a tendency to affect the 172 Craw v. Miller result of the prosecution can be regarded as of constitutional magnitude.” (Internal quotation marks and brackets omit- ted.)). Under the federal standard, a petitioner is required to “show that counsel’s representation fell below an objective standard of reasonableness” and that, as a result, petitioner was prejudiced. Strickland v. Washington, 466 US 668, 688, 104 S Ct 2052, 80 L Ed 2d 674 (1984). As the Oregon Supreme Court has recognized, those standards are “func- tionally equivalent.” Montez v. Czerniak, 355 Or 1, 6-7, 322 P3d 487, adh’d to as modified on recons, 355 Or 598, 330 P3d 595 (2014). Under both the state and federal constitutions, “[t]o prove prejudice after pleading guilty, a petitioner must show a ‘reasonable probability’ that they would have pro- ceeded to trial if their lawyer had advised them correctly.” Blain v. Cain, 327 Or App 584, 588, 536 P3d 623 (2023), rev den, 372 Or 22 (2024). Motion to Suppress Evidence. In his first assignment of error, petitioner argues that the post-conviction court erred when it ruled that “trial counsel was not ineffective for failing to advise petitioner that he could file a success- ful motion to suppress images obtained from his computer.” In his first supplemental pro se assignment of error, peti- tioner also assigns error to the trial counsel’s failure to file a motion to suppress on the grounds that the warrant lacked probable cause. Because these assignments of error overlap, we address and resolve them together.

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Case Details

Case Details

Legal case information

Status

Decided

Date Decided

June 4, 2025

Jurisdiction

SA

Court Type

federal

Legal Significance

Case importance metrics

Importance Score
Significant
Score45%
Citations
0
Legal Topics
Ineffective Assistance of Counsel
Constitutional Law

Metadata

Additional information

AddedJun 10, 2025
UpdatedJun 10, 2025

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Legal Topics

Areas of law covered in this case

Ineffective Assistance of Counsel
Constitutional Law

Case Information

Detailed case metadata and classifications

Court Proceedings

Date FiledJune 4, 2025
Date DecidedJune 4, 2025

Document Details

Times Cited
0
Importance Score
0.5

Legal Classification

JurisdictionSA
Court Type
federal
Judicial Panel
Hellman
Opinion Author
Hellman

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341 Or. App. 403

80% match
Court of Appeals of Oregon
Jun 2025

No. 558 June 25, 2025 403 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. JONATHAN CORY ANDREWS, Defendant-Appellant. Yamhill County Circuit Court 22CR50352; A185366 Cynthia L. Easterday, Judge. On appellant’s petition for reconsideration of Appellate Commissioner’s order of dismissal filed October 22, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Rond Chananudech, Deputy Public Defender, for petition. Before Egan, Presiding Judge, Lagesen, Chief Judge, and Joyce, Judge. LAGESEN, C. J. Reconsideration allowed; order of dismissal adhered to. 404 State v. Andrews LAGESEN, C. J. This is a criminal case in which defendant filed an untimely notice of appeal. When alerted to that fact by a show cause order, defendant filed an untimely motion for late appeal under ORS 138.071(5). The court, by order of the Appellate Commissioner, dismissed the appeal as untimely. Defendant has petitioned for reconsideration, arguing that this appeal should proceed, notwithstanding its double untimeliness problem. The Appellate Commissioner referred the petition for reconsideration to the Motions Department for the purpose of resolving the matter by way of prec- edential opinion. We allow reconsideration for that pur- pose. On reconsideration, we conclude, as did the Appellate Commissioner, that defendant’s failure to file a timely notice of appeal or a timely motion for late appeal means that this appeal must be dismissed for lack of jurisdiction. Both ORS 19.270, made applicable to criminal pro- ceedings by ORS 138.015, and ORS 138.071 generally require, among other things, that a notice of appeal be timely filed for the Court of Appeals to have jurisdiction over an appeal. ORS 19.270 (1), (2)(b). The legislature has, however, carved out an exception to that requirement in ORS 138.071(5). That statute directs that “the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits” set forth in those statutes provided the defendant (1) files a motion that makes the showing described in ORS 138.071(5)(a) and (2) files the motion “no later than 90 days after the party receives notice that the order or judgment has been entered.” ORS 138.071(5)(c); State v. Smith, 330 Or App 397, 399, 543 P3d 1258 (2024) (describing process for filing motion for late appeal). In this case, it is undisputed that defendant neither filed a timely notice of appeal, nor filed a timely motion for late appeal. Defendant nevertheless argues that his untimely-filed notice of appeal is sufficient to confer jurisdiction on this court because it was filed within the time for filing a motion for late appeal, albeit without the motion required by ORS 138.071(5). In support of that argument, he points to our deci- sion in Smith. There, we concluded that the defendant’s fail- ure to include a proposed notice of appeal, as required by ORS Cite as 341 Or App 403 (2025) 405 138.071(5)(c), with the defendant’s timely-filed motion for late appeal did not deprive the court of jurisdiction to grant the timely-filed motion for late appeal. Smith, 330 Or App at 399. Defendant invites us to read Smith to stand for the following: “In short, so long as the defendant files something noti- fying the court and the state of the defendant’s intent to appeal within 90-days, the failure to comply with the many requirements for notices of appeal, including the failure to file an accompanying motion for leave to file a late notice of appeal, can be cured by timelines set by the court.” We reject that invitation for two reasons. First, it is detached from the procedure set forth by the plain terms of ORS 138.071(5). Were we to adopt defen- dant’s proposed approach, we would effectively be rewriting ORS 138.071(5) to craft a process entirely different from the one enacted by the legislature. Rewriting statutes is not part of the judicial function. Bellshaw v. Farmers Ins. Co., 373 Or 307, 326-27, 567 P3d 434 (2025). Second, defendant’s proposed approach is at odds with longstanding Oregon law treating the timelines for filing appeals as jurisdictional. In addressing whether the defect in Smith was a jurisdictional one, we looked, in part, to case law addressing what appeal-filing defects were jurisdictional and what defects were merely technical. Smith, 330 Or App at 403-04 (discussing Pohrman v. Klamath Co. Comm., 272 Or 390, 538 P2d 70 (1975)). That case law indicated that the key jurisdictional requirements were the timely filing and service of the notice of appeal, something that, in Smith, supported

Very Similar Similarity

Rogers v. Board of Parole

341 Or. App. 455

80% match
Court of Appeals of Oregon
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No. 569 June 25, 2025 455 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON RANDY STEVEN ROGERS, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent. Board of Parole and Post-Prison Supervision A185112 Submitted May 9, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for petitioner. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Chief Judge, and Egan, Judge. EGAN, J. Reversed and remanded. 456 Rogers v. Board of Parole EGAN, J. Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that set petitioner’s sex offender notification level at Level 2. We reverse and remand the board’s final order.1 The board concedes that it erred in assessing peti- tioner’s risk of reoffending without considering his offense- free time in the community. We agree with and accept the concession. Under our decisions in Thomsen v. Board of Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81 (2024), and Allen v. Board of Parole, 334 Or App 447, 557 P3d 178, rev den, 373 Or 121 (2024), the board was required to assess petitioner’s risk of reoffense as of the time of the assessment. The appropriate remedy is to reverse and remand to the board for further proceedings. Thomsen, 333 Or App at 717. Reversed and remanded. 1 As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.

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