PEDROSO v. NOOTH

10017849P; A146409.

284 P.3d 1207 (2012)

251 Or. App. 688

Gilberto PEDROSO, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 15, 2012.


Attorney(s) appearing for the Case

James N. Varner filed the brief for appellant.

Ryan Kahn , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and HASELTON, Chief Judge.


SCHUMAN, P.J.

Petitioner was convicted of murder after the jury rejected his defense that he was acting under an extreme emotional disturbance (EED) at the time of the killing. After an unsuccessful direct appeal, he filed a petition for post-conviction relief in which he alleged, among other claims, that his trial counsel provided constitutionally inadequate assistance by failing to communicate with him before trial, obtain...

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