· 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 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.