GORDON v. KEENEY

151,488; CA A40811.

732 P.2d 89 (1987)

83 Or.App. 514

Dennis Leroy GORDON, Appellant, v. J.C. KEENEY, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied March 13, 1987.


Attorney(s) appearing for the Case

Jay R. Jackson, Salem, argued the cause and filed the brief for appellant.

David L. Kramer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


PER CURIAM.

In this post-conviction case, petitioner asserts that his counsel at his criminal trial provided ineffective assistance. He admits that he could have raised that claim in a previous post-conviction case but alleges that he could not reasonably have raised it, because his counsel in the first post-conviction case also provided ineffective assistance. Petitioner is incorrect. Counsel's alleged derelictions are not relevant to whether the claims could...

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