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State v. Smith

Citations

  • 123 P.3d 261
  • 339 Or. 515
  • 2005 Ore. LEXIS 666

How courts have described this case

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

  • observing that under Article I, section 11, of the Oregon Constitution, the defendant's right to counsel includes the right \to a lawyer who provides adequate assistance\
  • summarizing several cases where the trial court inquired into a defendant’s concerns about coun- sel, indicating that such an inquiry is acceptable and may resolve issues when a complaint about counsel is well-taken
  • summarizing several cases where the trial court inquired into a defendant’s concerns about coun- sel, indicating that such an inquiry is acceptable and may resolve issues when a complaint about counsel is well-taken
  • criminal defendants have a constitutional right to counsel, which is not just a right to a lawyer in name, but also to a lawyer who provides adequate assistance
  • defendant’s generalized complaint that counsel would not provide fair representation was not legitimate where court stated belief, based on personal knowledge, that counsel was a very good lawyer
  • further noting that post-conviction procedures provide one avenue for defendants to protect their state and federal constitu- tional rights by allowing challenges to the adequacy of coun- sel

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Durham, Riggs, De Muniz Balmer, Balmer

Read full opinion on CourtListener

Cited by

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

Cites

20 cases in this archive are cited by this case.

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