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JOHNSON v. PREMO

A160579.

461 P.3d 985 (2020)

302 Or.App. 578

Martin Allen JOHNSON, Plaintiff-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

March 4, 2020.

Attorney(s) appearing for the Case

Daniel J. Casey , Beaverton, argued the cause for appellant. With him on the opening and reply briefs was Robert L. Huggins, Jr. Martin Allen Johnson filed the supplemental brief pro se.

Leigh A. Salmon , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Dustin Buehler , Assistant Attorney General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

When a post-conviction petitioner raises claims of inadequate assistance of counsel, the attorney-client privilege gives way, permitting disclosure of privileged communications that are "relevant to an issue of breach of duty by the lawyer * * * to the client." OEC 503(4)(c).1 That exception is narrow,...

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