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NEWKIRK v. STATE

Nos. 82-4649-J-1; CA A31136.

699 P.2d 677 (1985)

73 Or.App. 568

John Dalton NEWKIRK, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 15, 1985.

Attorney(s) appearing for the Case

John D. Newkirk, Medford, filed the brief pro se for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

In this post-conviction relief case, petitioner appeals the trial court's dismissal of his petition on the ground that his theory for relief — inadequate assistance of counsel — had been assigned as error and decided adversely to him on his direct appeal. See State v. Newkirk, 57 Or.App. 428, 646 P.2d 1380, rev den. 293 Or. 394, 650 P.2d 927 (1984) (affirmed without opinion). The trial court erred in so concluding; this court...

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