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· 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 CourtListener

Sourced 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.