LEYVA-GRAVE-DE-PERALTA v. BLACKETTER

CV060733; A137747.

223 P.3d 411 (2009)

232 Or. App. 441

Rodolfo LEYVA-GRAVE-DE-PERALTA, Petitioner-Respondent, v. Sharon BLACKETTER, Superintendent, Eastern Oregon Correctional Institution, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 16, 2009.


Attorney(s) appearing for the Case

Pamela J. Walsh, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Andrew S. Chilton argued the cause for respondent. With him on the brief was Chilton & Galli, LLC.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.


BREWER, C.J.

This is a post-conviction case in which the court granted post-conviction relief and ordered that petitioner receive a new trial. The state appeals, arguing that the post-conviction court erred because it granted relief on a ground not pleaded in the petition for post-conviction relief or, alternatively, because petitioner did not prove that trial counsel provided inadequate assistance. Because we agree with the state's first argument, we reverse.

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