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Oregon Supreme Court· 6/12/2014

Montez v. Czerniak

Citations

  • 355 Or. 598
  • 330 P.3d 595
  • 2014 WL 3331678
  • 2014 Ore. LEXIS 444

How courts have described this case

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

  • holding that “counsel acted reasonably in relying upon qualified experts” in deciding not to order additional testing regarding petitioner’s claims of brain damage in investiga- tion for mitigating evidence
  • holding that “counsel acted reasonably in relying upon qualified experts” in deciding not to order additional testing regarding petitioner’s claims of brain damage in investiga- tion for mitigating evidence
  • recognizing that the standards for determining the adequacy of legal counsel under the state constitution are functionally equivalent to those for determining the effec- tiveness of counsel under the federal constitution
  • discussing significance of the petitioner’s choice to present evidence that he had previously been lodged on death row
  • “Even assuming that counsel’s choices * * * were not, in hindsight, the best choices, that is not the test.”
  • “[T]he standards for determining the adequacy of legal counsel under the state constitution are function- ally equivalent to those for determining the effectiveness of counsel under the federal constitution.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baldwin, Balmer, Durham, Riggs, Tempore, Walters

Read full opinion on CourtListener

Cited by

89 cases in this archive cite this case; the 20 most cited are listed.

Cites

1 case in this archive is cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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