HEMPEL v. PALMATEER

99C-17509; A115504.

66 P.3d 513 (2003)

187 Or. App. 70

Eugene Howard HEMPEL, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 20, 2003.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Daniel J. Casey, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


KISTLER, J.

Petitioner appeals from a judgment denying him post-conviction relief. He argues that his appellate counsel should have assigned error to one of the trial court's rulings. We affirm.

Petitioner was charged with first-degree sex abuse and first-degree unlawful sexual penetration of an eight-year-old child. At trial, petitioner's defense centered on his claim that no penetration had taken place and that he had not acted knowingly. According to petitioner...

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