LAMBERT v. PALMATEER

98C-15881; A108801.

47 P.3d 907 (2002)

182 Or. App. 130

Allen Lee LAMBERT, Respondent, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided June 5, 2002.


Attorney(s) appearing for the Case

Kathleen Cegla, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Steven H. Gorham, Salem, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

The state appeals from a judgment granting post-conviction relief to petitioner on the grounds that his trial and appellate counsel were inadequate. We reverse.

Petitioner was charged with assault in the first degree and criminal mischief in the second degree arising out of his hitting the victim on the head with a metal pipe. The case was tried to the court. At the conclusion of the state's case-in-chief, petitioner moved for a judgment of acquittal...

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