BACON v. CAIN

A176246.

536 P.3d 634 (2023)

327 Or. App. 673

David Lawrence BACON, Petitioner-Appellant, v. Brad CAIN, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

August 30, 2023.


Attorney(s) appearing for the Case

Jedediah Peterson and O'Connor Weber, LLC, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jon Zunkel-deCoursey , Assistant Attorney General, filed the brief for respondent.

Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.


Petitioner appeals from a judgment denying his petition for post-conviction relief (PCR), raising two assignments of error. We focus our discussion on petitioner's second assignment, in which he argues that his trial counsel was inadequate for failing to present mitigating evidence at sentencing. We reverse and remand as to the second...

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