JOHNSON v. MAASS

87-C-12123; CA A50208.

784 P.2d 107 (1989)

99 Or.App. 693

Albert JOHNSON, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided December 20, 1989.

Reconsideration Denied February 9, 1990.


Attorney(s) appearing for the Case

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

The state appeals a judgment granting petitioner post-conviction relief in the form of a new trial on three counts of first degree rape. ORS 138.520. The court held that he had not had effective assistance of counsel in that his attorney inadequately investigated and presented an alibi defense at his criminal trial and failed to confer sufficiently with petitioner about the case in preparation...

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