STATE v. MAINS

TC No. 74-0191; CA A24630; SC 29361.

669 P.2d 1112 (1983)

295 Or. 640

STATE of Oregon, Respondent On Review, v. Dennis Lee MAINS, Whose True Name Is Dennis Lee Main, Petitioner On Review.

Supreme Court of Oregon, In banc.

Decided September 27, 1983.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent on review. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Robert E. Barton, Asst. Atty. Gen., Salem.

Michael E. Swaim, Salem, argued the cause and filed the petition and brief for petitioner on review.


JONES, Justice.

Defendant was convicted of murder after a jury trial in 1974 and sentenced to life imprisonment. His conviction was affirmed on appeal. He obtained post-conviction relief in April, 1982, because of the inadequate assistance of appellate counsel in failing to raise certain issues. The post-conviction court granted defendant a "delayed appeal" on the issues not raised in the initial appeal. See, Shipman v. Gladden, 253 Or. 192,

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