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MYHRVOLD v. SULLIVAN

No. 106672; CA 12430.

595 P.2d 494 (1979)

40 Or.App. 349

Jerry George MYHRVOLD, Respondent, v. George E. SULLIVAN, Superintendent, Oregon State Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided May 21, 1979.

Attorney(s) appearing for the Case

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Paul J. DeMuniz, Salem, argued the cause for respondent. With him on the brief was Garrett, Seideman, Hemann & Robertson, P.C., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

Petitioner Myhrvold was convicted of first-degree rape after a trial at which he and two codefendants were represented by the same attorney. He sought post-conviction relief on the ground that he had been denied effective assistance of counsel and due process of law in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article I, §§ 10 and 11 of the Oregon Constitution. The post-conviction trial court granted...

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