BALOGH v. HOWTON

07C13223; A139239.

227 P.3d 757 (2010)

233 Or. App. 614

Jeffrey Albert BALOGH, Petitioner-Appellant, v. Nancy HOWTON, Superintendent, Oregon State Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 17, 2010.


Attorney(s) appearing for the Case

Jason E. Thompson argued the cause for appellant. With him on the briefs was Ferder Casebeer French & Thompson, LLP.

Jeremy C. Rice, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and DEITS, Senior Judge.


PER CURIAM.

Petitioner appeals a judgment denying his petition for post-conviction relief. He contends, in part, that, in the underlying criminal case, he received constitutionally inadequate assistance of counsel because his trial counsel failed to "challenge the admissibility of the state's expert witness's `diagnosis' of sexual abuse[.]" That assignment of error is controlled by our recent decision in Umberger v. Czerniak...

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