· 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 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.