· 2/28/1996
Ashley v. Hoyt
Citations
- 912 P.2d 393
- 139 Or. App. 385
- 1996 Ore. App. LEXIS 250
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting, in light of Stevens, post-conviction trial court’s adoption of “reasonable probability” standard for prejudice
- declining, in light of facts susceptible to differing interpretations, to “imply any view as to the ultimate credibility or persuasiveness” of omitted evidence
- describing the choices and ultimately choosing to address the legal question of prejudice without remand because the post-conviction court rendered sufficient factual findings
- on post-conviction, the existence of prejudice is a question of law that may be dependent on predicate facts
- “a reasonable probability” that the “result would have been different” is too rigorous a standard
- \a reasonable probability\ that the \result would have been different\ is too rigorous a standard
Source: CourtListener parenthetical corpus (CC0).
Judges: Deits, Landau, Haselton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.