MOSER v. LAMPERT

00-08-464-M; A123232.

112 P.3d 482 (2005)

200 Or. App. 78

Dean Paul MOSER, Respondent, v. Robert LAMPERT, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided June 1, 2005.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Timothy A. Sylwester filed the brief for appellant.

David E. Groom filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

The state appeals from a judgment that granted petitioner post-conviction relief. The court granted petitioner a new criminal trial based on a determination that his trial counsel had provided constitutionally deficient representation by failing to challenge the competency of one of the state's witnesses. The court also concluded that petitioner was entitled to a delayed appeal of his convictions as an alternative form of relief, based on its conclusion...

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