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· 6/25/1997

Carias v. State of Oregon

Citations

  • 941 P.2d 571
  • 148 Or. App. 540
  • 1997 Ore. App. LEXIS 786

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • denying post-conviction relief where the petitioner “provided no evidence by affidavit, testimony or otherwise as to what [an omitted witness’s] testimony would have been” and “[t]here [was] no evidence that [she] would have been available to testify”
  • professional skill requires at least an attempt to find out the facts before a final tactical decision is made
  • same, noting also the failure to demonstrate that the witness would have been available to testify
  • petitioner must show how the failure would have a tendency to affect the result
  • petitioner must show how the failure would have a tendency to affect the result
  • petitioner failed to prove prejudice where he failed to show the availability of the witness or to show by affidavit, testimony, or otherwise, what the witness’s testimony would have been, to evaluate the likely effect on the trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Deits, De Muniz Hasel-Ton, De Muniz

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.