ARMSTRONG v. CUPP

No. 133,840; CA A31124.

685 P.2d 1029 (1984)

69 Or.App. 463

Robert Alan ARMSTRONG, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided August 8, 1984.

Reconsideration Denied October 19, 1984.


Attorney(s) appearing for the Case

Michael E. Swaim, Salem, argued the cause for appellant. With him on the brief was Swaim & Betterton, Salem.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Lynn Torno, Certified Law Student, Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.


PER CURIAM.

In this post-conviction proceeding, petitioner argues that his conviction for felony murder should be reversed, and the case remanded for retrial, on the ground of ineffective assistance of counsel. We affirm the trial court's denial of relief. On both of defendant's theories, case law establishes that, had counsel acted as petitioner now argues that he should have, petitioner would have lost: (1) On his theory that counsel should have excepted to a jury...

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