ROSS v. HILL

05084630M; A135040.

231 P.3d 1185 (2010)

235 Or. App. 340

James Arthur ROSS, Petitioner-Appellant, v. Jean HILL, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 19, 2010.


Attorney(s) appearing for the Case

Patrick M. Ebbett and Chilton, Ebbett & Galli, LLC, filed the opening brief for appellant. James Arthur Ross filed the supplemental brief pro se.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.


LANDAU, P.J.

Petitioner pleaded no contest to and was convicted of multiple offenses, including two counts of first-degree kidnapping. A judgment of conviction was entered on those convictions, including two separate counts of kidnapping. Petitioner sought post-conviction relief, arguing that his court-appointed lawyer was constitutionally inadequate for a number of reasons, including that the lawyer failed to assert that the criminal trial court should have merged...

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