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GALLOWAY v. NOOTH

09037239P; A143119.

268 P.3d 736 (2011)

247 Or. App. 164

Nathan GALLOWAY, Petitioner-Respondent, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 14, 2011.

Attorney(s) appearing for the Case

Patrick M. Ebbett , Assistant Attorney General, argued the cause for appellant. With him on the briefs were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Dennis Balske , Portland, argued the cause and filed the brief for respondent.

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

SCHUMAN, P.J.

Petitioner brought this action for post-conviction relief after having been convicted of arson, first-degree burglary, reckless endangerment, attempted murder, and attempted aggravated murder. The post-conviction court granted a new trial on the ground that petitioner's trial counsel provided inadequate assistance (1) by failing to investigate and discover evidence that would have undermined the state's case that the threat posed by the fire was serious...

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