Protests 104209-K of Banco Nacionale De Mexico

How courts have described this case

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

• holding that the petitioner’s appellate counsel was neither inadequate nor ineffective for “failing to raise the OEC 403 issue” on appeal precisely how the petitioner claimed counsel should have
• addressing “the prejudice prong of the analysis” first because it was dispositive
• “Although it is tempting * * * to say that competent counsel would have raised the argument that was eventually deemed meritorious by the Supreme Court, we must make every attempt to not analyze counsel’s performance with the benefit of hindsight.”
• attorney was not ineffective for failing to anticipate changes in law
• “[A]lthough the Supreme Court had indicated that the OEC 403 issue might be considered in Southard, there was nothing to particularly indicate that the court was going to decide the case on that issue, let alone decide it in a manner favorable to petitioner.”

Source: CourtListener parenthetical corpus (CC0).