STELTS v. STATE OF OREGON

Nos. TC C83-01-30170; CA A28588; SC S30721.

701 P.2d 1047 (1985)

299 Or. 252

Ruye STELTS, Petitioner On Review, v. STATE OF OREGON, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided June 18, 1985.


Attorney(s) appearing for the Case

Roger Hennagin, Lake Oswego, argued the cause and filed the briefs for petitioner on review.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the briefs were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Jan Peter Londahl, Asst. Atty. Gen., Salem.

Thomas C. Bernier, Roseburg, filed a brief amicus curiae for Oregon Criminal Defense Lawyers Ass'n.


LENT, Justice.

The issue is whether one who pleads guilty without knowledge of his constitutional right of confrontation must, in order to obtain post-conviction relief, establish that he would not have pleaded guilty had he been aware of his right. We hold that he does not have to establish such "prejudice."

In June, 1979, plaintiff pleaded guilty in District Court to a charge of driving a motor vehicle while under...

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