Newkirk v. State

Court of Appeals of Oregon

Newkirk v. State

699 P.2d 677, 73 Or. App. 568, 1985 Ore. App. LEXIS 3213

CourtCourt of Appeals of Oregon

DecidedMay 15, 1985

Docket82-4649-J-1; CA A31136

StatusPublished

This text of 699 P.2d 677 (Newkirk v. State) 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

Newkirk v. State, 699 P.2d 677, 73 Or. App. 568, 1985 Ore. App. LEXIS 3213 (Or. Ct. App. 1985).

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Opinion

PER CURIAM

In this post-conviction relief case, petitioner appeals the trial court’s dismissal of his petition on the ground that his theory for relief — inadequate assistance of counsel — had been assigned as error and decided adversely to him on his direct appeal. See State v. Newkirk, 57 Or App 428, 646 P2d 1380, rev den 293 Or 394 (1984) (affirmed without opinion). The trial court erred in so concluding; this court normally does not decide such issues on direct appeal. See, e.g., State v. Bateman, 48 Or App 357, 365, 616 P2d 1206 (1980). Had we departed from our normal practice on petitioner’s direct appeal, we would have said so by opinion. It follows that petitioner’s petition for post-conviction relief must be reinstated.

Reversed and remanded.

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PER CURIAM

In this post-conviction relief case, petitioner appeals the trial court’s dismissal of his petition on the ground that his theory for relief — inadequate assistance of counsel — had been assigned as error and decided adversely to him on his direct appeal. See State v. Newkirk, 57 Or App 428, 646 P2d 1380, rev den 293 Or 394 (1984) (affirmed without opinion). The trial court erred in so concluding; this court normally does not decide such issues on direct appeal. See, e.g., State v. Bateman, 48 Or App 357, 365, 616 P2d 1206 (1980). Had we departed from our normal practice on petitioner’s direct appeal, we would have said so by opinion. It follows that petitioner’s petition for post-conviction relief must be reinstated.

Reversed and remanded.

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Bluebook (online)

699 P.2d 677, 73 Or. App. 568, 1985 Ore. App. LEXIS 3213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newkirk-v-state-orctapp-1985.

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