JACKSON v. FRANKE

(CC CV080485)(SC S067884).

507 P.3d 222 (2022)

369 Or. 422

Melton J. JACKSON Jr., Petitioner on Review, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Petitioner on Review.

Supreme Court of Oregon.

March 31, 2022.


Attorney(s) appearing for the Case

Andy Simrin , Andy Simrin PC, Portland, argued the cause and filed the brief for petitioner on review.

Rebecca M. Auten , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Garrett, J., dissented and filed an opinion, in which Balmer, J., joined.


At issue in this post-conviction case is petitioner's attempt to prove that his criminal trial counsel provided constitutionally inadequate and ineffective assistance by failing to object that an expert diagnosis of child sexual abuse was inadmissible in the absence of corroborating physical evidence. Although the objection would have...

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