UMBERGER v. CZERNIAK

02C12135; A135072.

222 P.3d 751 (2009)

232 Or. App. 563

Arin Lynn UMBERGER, Petitioner-Appellant, v. Stan CZERNIAK, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 16, 2009.


Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Katherine H. Waldo, Senior Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LEONARD, Judge pro tempore.


PER CURIAM.

Petitioner appeals a judgment denying his amended petition for post-conviction relief. Petitioner contends that he is entitled to relief because he received constitutionally inadequate assistance of counsel during his 1998 criminal trial for sodomy and sexual abuse. He argues that his trial counsel was inadequate when his counsel (1) failed to request an OEC 104 hearing regarding the qualifications of the state's witness, Dr. Bays, to testify about whether...

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