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SMITH v. FRANKE

A149418; CV101060.

337 P.3d 986 (2014)

266 Or. App. 473

Terry Darrell SMITH, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 22, 2014.

Attorney(s) appearing for the Case

James N. Varner filed the opening brief for appellant. Terry Darrell Smith filed the supplemental brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

SERCOMBE, P.J.

Following a jury trial, petitioner was convicted of first-degree sodomy, ORS 163.405, first-degree sexual abuse, ORS 163.427, and using a child in a display of sexual conduct, ORS 163.670.1 He subsequently filed a petition for post-conviction relief, alleging, among other things, that his trial attorney was constitutionally inadequate in failing to object when a police officer testified that the alleged victim knew the difference...

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