ADAMS v. NOOTH

07126246P; A141620.

245 P.3d 173 (2010)

239 Or. App. 613

Randall Gene ADAMS, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Decided December 22, 2010.

Resubmitted En Banc September 8, 2010.


Attorney(s) appearing for the Case

Hari Nam S. Khalsa filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Ryan Kahn , Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, SERCOMBE, Judges, and EDMONDS, Senior Judge.


ORTEGA, J.

Petitioner was convicted of one count of first-degree sexual abuse for molesting his daughter while she slept. He subsequently filed a petition for post-conviction relief, alleging that his trial counsel was constitutionally inadequate in failing to interview, subpoena, and call witnesses who would have bolstered petitioner's theory that the abuse allegation was manufactured by petitioner's ex-wife (the victim's mother). The post-conviction court denied...

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