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WYATT v. CZERNIAK

02C12412; A130961.

195 P.3d 912 (2008)

223 Or. App. 307

Ralph A. WYATT, Petitioner-Respondent, v. Stan CZERNIAK, Superintendent, Oregon State Penitentiary, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 29, 2008.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Laurie Bender, Portland, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and EDMONDS, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

The state appeals the post-conviction court's allowance of post-conviction relief, ordering a new trial, on the ground that petitioner received inadequate assistance of trial counsel. The state, while acknowledging that petitioner's trial counsel did not exercise reasonable professional judgment or skill in certain regards, maintains that the post-conviction court erred in determining that petitioner was prejudiced by his counsel's inadequate assistance...

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