HARBERT v. FRANKE

A154871.

393 P.3d 243 (2017)

284 Or. App. 359

Nathaniel HARBERT, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

March 15, 2017.


Attorney(s) appearing for the Case

Ryan T. O'Connor and O'Connor Weber LLP filed the brief for appellant.

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

Before DeVore, Presiding Judge, and Hadlock, Chief Judge, and Flynn, Judge.


Petitioner appeals from a judgment denying his claims for post-conviction relief. Petitioner argues that he was denied adequate assistance of appellate counsel pursuant to Article I, section 11, of the Oregon Constitution, because his appellate lawyer failed to raise, as plain error, the trial court's decision to proceed to a bench trial...

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