SHORT v. HILL

CV99-1375; A116372.

99 P.3d 311 (2004)

195 Or. App. 723

Joshua Earl SHORT, Appellant, v. Jean HILL, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided October 13, 2004.


Attorney(s) appearing for the Case

Leland R. Berger, Portland, argued the cause and filed the brief for appellant.

Kathleen Cegla, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and KANTOR, Judge pro tempore.


KANTOR, J. pro tempore.

Petitioner appeals from a judgment denying his petition for post-conviction relief. Petitioner argued that his representation at his underlying burglary trial was constitutionally defective because his trial counsel, among other things, failed to introduce expert testimony to corroborate his assertion that, because he was suffering from methamphetamine withdrawal, he was unable to form the requisite criminal intent. At the post-conviction hearing...

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