PETERS v. BELLEQUE

08C22007 A141739.

250 P.3d 456 (2011)

241 Or. App. 701

Joshua Douglas PETERS, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 30, 2011.


Attorney(s) appearing for the Case

David B. Kuhns , Salem, argued the cause and filed the brief for appellant.

Patrick M. Ebbett , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


DUNCAN, J.

Petitioner, who was convicted of murder, appeals from a judgment denying his petition for post-conviction relief. He asserts two assignments of error. In the first, he argues that he is entitled to post-conviction relief because his criminal trial counsel was constitutionally inadequate in various respects related to the presentation of his defense of extreme emotional disturbance, which, if successful, would have resulted in a conviction for first-degree...

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