Summary
holding that, under Oregon law, a claim of ineffective assistance of counsel must be raised in the initial habeas proceeding
Summary of this case from Decker v. PerssonOpinion
No. 75-1044, CA 5195
Argued May 24, 1976.
Affirmed June 14, 1976.
Appeal from Circuit Court, Douglas County, Charles S. Woodrich, Judge.
H. David Price, Salem, argued the cause and filed the brief for appellant.
James A. Hill, Jr., Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Before Schwab, Chief Judge, and Fort and Lee, Judges.
Affirmed.
Defendant, having been convicted of murder upon trial by jury, contends on appeal that his trial counsel was incompetent. This issue, except in rare instances, is one which can be properly resolved only in a post-conviction proceeding in which evidence can be taken. See, Turner v. Cupp, 1 Or. App. 596, 465 P.2d 249 (1970). This is not one of those rare instances.
Affirmed.