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TRACY v. NOOTH

07096074P; A140606.

285 P.3d 745 (2012)

252 Or. App. 163

Ernest Alan TRACY, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Leah A. Johnson argued the cause for petitioner. On the brief was Rankin Johnson IV .

Ernest Alan Tracy filed a supplemental brief pro se.

Jeremy Rice , Assistant Attorney General, argued the cause for respondent. With him on the briefs were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

DUNCAN, J.

In this post-conviction case, petitioner appeals from a judgment denying his petition for post-conviction relief from his convictions for sexual abuse in the first degree, ORS 163.427, and attempted rape in the first degree, ORS 161.405; ORS 163.375(a). In the petition, petitioner alleged, among other things, that he was denied adequate assistance of counsel under Article I, section 11, of the Oregon Constitution.1 On appeal...

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