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HEROFF v. COURSEY

A150617.

380 P.3d 1032 (2016)

280 Or. App. 177

Michael HEROFF, Petitioner-Respondent Cross-Appellant, v. Rick COURSEY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

August 10, 2016.

Attorney(s) appearing for the Case

Carolyn Alexander, Assistant Attorney General, argued the cause for appellant-cross-respondent. On the opening brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Erin C. Lagesen, Assistant Attorney General. With her on the reply-cross-answering brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Ryan O'Connor argued the cause and filed the brief for respondent-cross-appellant.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Egan, Judge.

Defendant appeals from a judgment granting petitioner post-conviction relief based on the post-conviction court's determination that petitioner's criminal trial counsel provided inadequate assistance of counsel in failing to move to strike and request a curative jury instruction regarding testimony by a county sheriff that vouched...

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