From Casetext: Smarter Legal Research

Balogh v. Howton

Oregon Court of Appeals
Feb 17, 2010
233 Or. App. 614 (Or. Ct. App. 2010)

Opinion

Nos. 07C13223; A139239.

Argued and submitted January 7, 2010.

February 17, 2010.

Appeal from the Marion County Circuit Court Terry Ann Leggert, Judge pro tempore.

Jason E. Thompson argued the cause for appellant. With him on the briefs was Ferder Casebeer French Thompson, LLP.

Jeremy C. Rice, 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 Wollheim, Presiding Judge, and Sercombe, Judge, and Deits, Senior Judge.


PER CURIAM

Affirmed.


Petitioner appeals a judgment denying his petition for post-conviction relief. He contends, in part, that, in the underlying criminal case, he received constitutionally inadequate assistance of counsel because his trial counsel failed to "challenge the admissibility of the state's expert witness's `diagnosis' of sexual abuse[.]" That assignment of error is controlled by our recent decision in Umberger v. Czerniak, 232 Or App 563, 222 P3d 751 (2009) (trial counsel did not render constitutionally inadequate assistance where, before the Oregon Supreme Court rendered its decision in State v. Southard, 347 Or 127, 218 P3d 104 (2009), counsel failed to object to expert's qualifications to testify about whether the victim had been sexually abused). As in Umberger, we conclude here that petitioner's trial counsel did not fail to exercise reasonable professional skill and judgment when counsel failed to object to the expert testimony at issue. We reject petitioner's other assignments of error without discussion.

Affirmed.


Summaries of

Balogh v. Howton

Oregon Court of Appeals
Feb 17, 2010
233 Or. App. 614 (Or. Ct. App. 2010)
Case details for

Balogh v. Howton

Case Details

Full title:JEFFREY ALBERT BALOGH, Petitioner-Appellant, v. Nancy HOWTON…

Court:Oregon Court of Appeals

Date published: Feb 17, 2010

Citations

233 Or. App. 614 (Or. Ct. App. 2010)
227 P.3d 757

Citing Cases

Jackson v. Franke

Id . at 565, 222 P.3d 751 We reached a similar conclusion a year later in Balogh v. Howton , 233 Or. App.…

McLain v. Blacketter

Given the state of the law prior to Southard, petitioner's trial counsel did not fail to exercise reasonable…