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RYAN v. PALMATEER

99C-18624, CA A118415, SC S51169.

108 P.3d 1127 (2005)

338 Or. 278

Danny Thomas RYAN, Petitioner on Review, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided March 10, 2005.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Stephen A. Houze, Portland, argued the cause and filed the brief for petitioner on review.

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

BALMER, J.

Petitioner in this post-conviction case alleges that he received inadequate assistance of counsel under Article I, section 11, of the Oregon Constitution and ineffective assistance of counsel under the Sixth Amendment to the federal constitution. He argues that his trial counsel's errors prejudiced him and that, even if he cannot prove actual prejudice, this court should grant post-conviction relief because of "structural error" at his

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