EVANS v. NOOTH

(CC 12039338P) (SC S067383).

487 P.3d 42 (2021)

368 Or. 159

Michael James EVANS, Petitioner on Review, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Respondent on Review.

Supreme Court of Oregon.

May 20, 2021.


Attorney(s) appearing for the Case

Harrison Latto , Portland, argued the cause and filed the briefs for petitioner on review.

Erin K. Galli , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Frederick M. Boss , Deputy Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Nakamoto, Flynn, Nelson, and Garrett, Justices, and Landau, Senior Judge, Justice pro tempore.


In this post-conviction proceeding, petitioner raised a claim for inadequate assistance of counsel based on the performance of his appellate counsel, who had represented him in his direct appeal of multiple sexual-assault convictions. The post-conviction court denied that claim, concluding both that counsel had not acted unreasonably...

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