ALLBEE v. KEENEY

No. 146,254; CA A34405.

714 P.2d 1058 (1986)

78 Or.App. 19

James Richard ALLBEE, Respondent, v. J.C. KEENEY, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided February 26, 1986.

Reconsideration Denied April 11, 1986.


Attorney(s) appearing for the Case

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Ken L. Betterton, Salem, argued the cause for respondent. With him on brief was Swaim, Betterton & Eder, Salem.

Before RICHARDSON, P.J., and JOSEPH, C.J., and WARDEN, J.


RICHARDSON, Presiding Judge.

Petitioner sought post-conviction relief, ORS 138.510, alleging that the court in his criminal trial erred in instructing the jury and that he had had inadequate assistance of trial and appellate counsel. He requested a new trial or at least a new appeal. Both parties filed motions for summary judgment, based on the transcript of petitioner's trial and the briefs filed in the appeal from the convictions. The post-conviction court allowed...

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