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· 2/14/2002

Lichau v. Baldwin

Citations

  • 39 P.3d 851
  • 333 Or. 350
  • 2002 Ore. LEXIS 95

How courts have described this case

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

  • granting post-conviction relief for inadequate assistance of counsel based on the failure to investigate an alibi defense and its prejudicial effect
  • rejecting state’s position that the petitioner was not prejudiced by his counsel’s failure to offer alibi evidence because the evidence “fail[ed] to prove anything with cer- tainty”
  • “[E]ach decision to limit investigation of a particu- lar defense itself must be a reasonable exercise of profes- sional skill and judgment under the circumstances.”
  • post-conviction court’s findings of historical fact are binding on appellate court if there is evidence in the record to support them
  • post-conviction court’s findings of historical fact are binding on appellate court if there is evidence in the record to support them
  • “[E]vidence presented at a post-conviction hearing—evidence that could have been presented at petitioner’s criminal trial” need not be “ ‘conclusive’ to be deemed to have a tendency to affect the result of a trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Balmer

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.