TROTTER v. SANTOS

CV031304; A125574.

157 P.3d 1233 (2007)

212 Or. App. 473

Donald Ray TROTTER, Petitioner-Appellant, v. Anthony J. SANTOS, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 2, 2007.


Attorney(s) appearing for the Case

Erin G. Rohr and Chilton, Ebbett & Rohr, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


ROSENBLUM, J.

Petitioner appeals from a judgment denying his petition for post-conviction relief, arguing that his criminal trial counsel was constitutionally inadequate because counsel improperly precluded him from testifying and failed to request a jury instruction on lesser-included offenses. We do not address petitioner's contention that counsel precluded him from testifying, because we conclude that petitioner is entitled to relief based on counsel's failure...

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