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KIBBLE v. BALDWIN

CV 92-960; CA A82560.

899 P.2d 731 (1995)

135 Or. App. 540

Paul Edward KIBBLE, Respondent, v. G.H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided July 19, 1995.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Theresa M. Kohlhoff, Wilsonville, filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

PER CURIAM.

The state seeks reversal of an order granting post-conviction relief. It argues that the post-conviction court erred in finding that petitioner received inadequate assistance of counsel. We reverse.

The post-conviction court based its decision on the fact that trial counsel did not pursue an extreme emotional disturbance (EED) defense to the charge of attempted murder. The court relied on State v. Carson, 292 Or. 451

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