HORN v. HILL

CV00-0183; A112794

41 P.3d 1127 (2002)

180 Or. App. 139

Mark Thomas HORN, Appellant, v. Jean HILL, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided March 13, 2002.


Attorney(s) appearing for the Case

Robert J. McCrea argued the cause for appellant. With him on the briefs were Robynne A. Whitney and McCrea, P.C., Eugene.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and BYERS, Senior Judge.


BREWER, J.

Petitioner appeals from a judgment denying him post-conviction relief from his convictions for sexual abuse, unlawful sexual penetration, and sodomy. Petitioner argues that the post-conviction trial court erred in concluding that the failure of petitioner's trial counsel to introduce evidence of the child victim's recantation before trial in his underlying criminal prosecution did not result in prejudice sufficient to authorize post-conviction relief. The...

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