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AYER v. COURSEY

CV061220; A140104.

292 P.3d 595 (2012)

253 Or. App. 726

Craig H. AYER, Petitioner-Appellant, v. Rick COURSEY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 5, 2012.

Attorney(s) appearing for the Case

Michael R. Levine , Portland, argued the cause for appellant. With him on the briefs was Matthew G. McHenry .

Erin C. Lagesen , Salem, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

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

DUNCAN, J.

Petitioner appeals the post-conviction court's judgment denying him relief from his convictions for first-degree rape, ORS 163.375, first-degree sodomy, ORS 163.405, and first-degree sexual abuse, ORS 163.427. He argues that his trial counsel was inadequate under Article I, section 11, of the Oregon Constitution and ineffective under the Sixth and Fourteenth Amendments to the United States Constitution in failing to properly litigate the state's motion...

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