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LYONS v. PEARCE

TC C82-12-38974; CA A27171; SC S30519; S30602.

694 P.2d 969 (1985)

298 Or. 554

Louis LYONS, Respondent on Review/Petitioner On Review, v. Fred PEARCE, the Official in Charge of Rocky Butte Jail, Petitioner on Review/Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided January 29, 1985.

Reconsideration Denied March 26, 1985.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause, for petitioner on review/respondent on review. With him on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Clint A. Lonergan, Portland, argued the cause, for respondent on review/petitioner on review. With him on the brief were Howard R. Lonergan and Richard L. Lonergan, Portland.

ROBERTS, Justice.

In this post-conviction case there are two issues: whether petitioner's guilty plea was knowing and voluntary, and whether petitioner was denied effective assistance of counsel. ORS 138.530 provides:

"(1) Post-conviction relief pursuant to ORS 138.510 to 138.680 shall be granted by the court when one or more of the following grounds is established by the petitioner: "(a) A substantial denial in the proceedings resulting in petitioner...

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