Hetrick v. Keeney

Court of Appeals of Oregon

Hetrick v. Keeney

713 P.2d 688, 77 Or. App. 506

CourtCourt of Appeals of Oregon

DecidedJanuary 29, 1986

Docket153,250; CA A35783

StatusPublished

Cited by10 cases

This text of 713 P.2d 688 (Hetrick v. Keeney) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hetrick v. Keeney, 713 P.2d 688, 77 Or. App. 506 (Or. Ct. App. 1986).

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Opinion

PER CURIAM

Plaintiff appeals the trial court’s denial of his petition for post-conviction relief. He alleged that his counsel in an earlier post-conviction proceeding failed to provide adequate assistance because he did not raise certain issues and did not appeal the adverse judgment. In this case, the trial court granted summary judgment for defendant. We affirm.

The grounds for post-conviction relief are found in ORS 138.530(1). As relevant to that case, they all must involve “[a] substantial denial [of a constitutional right] in the proceedings resulting in petitioner’s conviction, or in the appellate review thereof, * * ORS 138.530(1)(a). (Emphasis supplied.) The alleged inadequacy of prior post-conviction counsel is not one of the enumerated grounds. Therefore, petitioner is not entitled to post-conviction relief.

Affirmed.

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PER CURIAM

Plaintiff appeals the trial court’s denial of his petition for post-conviction relief. He alleged that his counsel in an earlier post-conviction proceeding failed to provide adequate assistance because he did not raise certain issues and did not appeal the adverse judgment. In this case, the trial court granted summary judgment for defendant. We affirm.

The grounds for post-conviction relief are found in ORS 138.530(1). As relevant to that case, they all must involve “[a] substantial denial [of a constitutional right] in the proceedings resulting in petitioner’s conviction, or in the appellate review thereof, * * ORS 138.530(1)(a). (Emphasis supplied.) The alleged inadequacy of prior post-conviction counsel is not one of the enumerated grounds. Therefore, petitioner is not entitled to post-conviction relief.

Affirmed.

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Bluebook (online)

713 P.2d 688, 77 Or. App. 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hetrick-v-keeney-orctapp-1986.

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