CORTEZ v. NOOTH

07116206P; A141418.

244 P.3d 825 (2010)

239 Or. App. 294

Robert Duarte CORTEZ, aka Robert Duarte Cortes, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 1, 2010.


Attorney(s) appearing for the Case

James N. Varner filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Cecil A. Reniche-Smith , Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, Senior Judge.


EDMONDS, S.J.

Petitioner, in this post-conviction relief proceeding, appeals after the post-conviction court denied relief based on its ruling that petitioner failed to prove that he was prejudiced by his counsel's advice not to testify in the underlying criminal proceeding. We reverse and remand for further consideration by the post-conviction court.

Petitioner was convicted of assault in the second degree in the underlying criminal proceeding resulting from...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases