McCLEOD v. DEHANN

C022109CV; A121913.

173 P.3d 1226 (2007)

216 Or. App. 449

Miles Irvin McCLEOD, Petitioner-Respondent, v. Benjamin DEHANN, Director, Department of Corrections, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2007.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Salem, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General. On the reply brief was Brendan C. Dunn, Assistant Attorney General.

Marc Sussman, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.


PER CURIAM.

The state appeals a judgment of the post-conviction court that determined that petitioner was denied effective and adequate assistance of counsel under the state and federal constitutions in his underlying criminal trial. The post-conviction court concluded that, because petitioner's trial counsel had not informed petitioner that he would be deported if he pleaded guilty, counsel's assistance fell below constitutional requirements. Initially, we granted...

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