PALMER v. STATE OF OREGON

CC 16-90-06124; CA A71861; SC S40704.

867 P.2d 1368 (1994)

318 Or. 352

Wayne B. PALMER, Respondent on Review, v. STATE of Oregon, Petitioner on Review.

Supreme Court of Oregon.

Decided February 25, 1994.


Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause and filed the petition for petitioner on review. With him on the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David B. Kuhns, Salem, argued the cause for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.


GILLETTE, Justice.

The issue in this case is whether a petitioner may assert as a ground for post-conviction relief an issue that was not raised at trial in the underlying criminal proceeding, when the petitioner reasonably could have been expected to raise that issue in the trial court and when the petitioner does not assert that the failure to raise that issue constituted inadequate assistance of trial counsel. We hold that a petitioner may not assert such an issue...

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