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KINCEK v. HALL

CV060391; A133859.

175 P.3d 496 (2007)

217 Or. App. 227

Marian KINCEK, Petitioner-Respondent, v. Guy HALL, Superintendent, Two Rivers Correctional Institution, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Carolyn Alexander, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Andy Simrin, Salem, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Petitioner was convicted of attempted murder, assault, and unlawful use of a weapon, arising out of an incident in which he shot his wife. We affirmed petitioner's convictions without opinion in State v. Kincek, 197 Or.App. 494, 108 P.3d 118 (2005). Petitioner filed a petition for post-conviction relief, asserting that his trial counsel was constitutionally inadequate in failing...

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