SMITH v. STATE

C011041CV; A123855.

119 P.3d 801 (2005)

Steven Ray SMITH, Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon.

Decided September 8, 2005.


Attorney(s) appearing for the Case

Steven R. Powers, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent.

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


ORTEGA, J.

The state appeals a judgment granting petitioner post-conviction relief. The post-conviction court determined that petitioner received inadequate assistance of counsel in the trial that led to his conviction on three counts of sexual abuse in the third degree. The state contends that the post-conviction trial record lacks the required showing that petitioner's counsel's allegedly inadequate performance had a tendency to affect the outcome of petitioner...

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