ineffective assistance of counsel claim (Oregon) · Go Syfert
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ineffective assistance of counsel claim in Oregon

8 Oregon opinions name it 2 courts 2000–2025 4 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Bowen v. Johnsongreen
orctapp · 2000 · cited in 1 Oregon opinions naming this issue, 2024–2024
2 sentences

2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”).

2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”).

11
State v. Reynoldsgreen
orctapp · 2012 · cited in 1 Oregon opinions naming this issue, 2024–2024
1 sentence

2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”).

11
State v. Calhoungreen
orctapp · 2012 · cited in 1 Oregon opinions naming this issue, 2024–2024
1 sentence

2024State v. Reynolds, 250 Or App 516, 519 , 280 P3d 1046 , rev den, 352 Or 666 (2012) (“Generally, an appellate court will not consider an unpreserved issue on appeal.”); Bowen v. Johnson, 166 Or App 89, 92 , 999 P2d 1159 , rev den, 330 Or 553 (2000) (“[T]he allegations in the petition frame—indeed, limit—the issues for determination by the post-conviction court.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
McMullin v. Amsberry green
orctapp · 2021
2 sentences

2025To obtain post-conviction relief on an ineffective assistance of counsel claim under the state and federal constitutions, petitioner must demonstrate (1) that counsel failed to exercise “reasonable professional skill and judg- ment,” and (2) that petitioner “suffered prejudice as a result.” See McMullin v. Amsberry, 310 Or App 542, 551 , 485 P3d 278 (2021) (explaining that the state and federal standards for reviewing ineffective assistance of counsel claims are “func- tionally equivalent”).

2025To obtain post-conviction relief on an ineffective assistance of counsel claim under the state and federal constitutions, petitioner must demonstrate (1) that counsel failed to exercise “reasonable professional skill and judg- ment,” and (2) that petitioner “suffered prejudice as a result.” See McMullin v. Amsberry, 310 Or App 542, 551 , 485 P3d 278 (2021) (explaining that the state and federal standards for reviewing ineffective assistance of counsel claims are “func- tionally equivalent”).

32024–2025
Bartz v. State of Oregon green
or · 1992
2 sentences

2019Accordingly, we hold that the relevant statutes were reasonably available to Bartz when his conviction became final." Id. at 359-60 , 839 P.2d 217 (internal citation removed). **524 In this case, petitioner had all the information needed to raise an ineffective assistance of counsel claim in a petition for post-conviction review, except for the legal effect of his conviction on his immigration status.

2019Accordingly, we hold that the relevant statutes were reasonably available to Bartz when his conviction became final." Id. at 359-60 , 839 P.2d 217 (internal citation removed). **524 In this case, petitioner had all the information needed to raise an ineffective assistance of counsel claim in a petition for post-conviction review, except for the legal effect of his conviction on his immigration status.

12019–2019
McCoy v. Louisiana green
scotus · 2018
1 sentence

2018Id. at 1510-11 .

12018–2018
Ogle v. Nooth green
or · 2014
1 sentence

2017Id. at 582 .

12017–2017
Harrington v. Johnson neutral
orctapp · 2000
2 sentences

2000Harrington v. Johnson, 165 Or App 755, 761 , 997 P2d 283 (2000).

2000Harrington v. Johnson, 165 Or App 755, 761 , 997 P2d 283 (2000).

12000–2000

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 163.375 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 1531 (1989–2026) OH 1408 (1989–2026) TN 942 (1991–2026) IL 891 (1985–2026) PA 722 (1971–2026) WA 689 (1986–2026) MI 678 (1977–2026) GA 605 (1985–2026) IA 601 (1980–2026) CA 597 (1990–2026) MS 568 (1983–2026) ID 477 (1985–2026) UT 446 (1989–2026) WI 442 (1982–2026) NE 399 (1986–2026) MO 373 (1970–2025) FL 343 (1984–2026) IN 341 (1985–2026) NJ 279 (1986–2026) CT 219 (1985–2026) DE 200 (1990–2026) NY 179 (1987–2026) NC 167 (1981–2026) LA 163 (1983–2026) CO 158 (1985–2026) MN 157 (1991–2026) MA 146 (1988–2026) NM 145 (1989–2026) AL 131 (1985–2026) KS 130 (1994–2026) MT 120 (1991–2026) ND 108 (1987–2026) WV 82 (1982–2024) AZ 80 (1987–2026) AR 69 (1991–2026) KY 66 (1986–2026) OK 57 (1987–2026) MD 51 (1985–2025) NV 37 (1989–2022) DC 35 (1974–2026) HI 34 (1989–2024) WY 34 (1987–2025) VT 31 (1989–2025) SD 31 (1986–2026) NH 25 (1986–2023) SC 18 (2001–2025) ME 16 (1997–2018) VA 15 (1986–2023) AK 14 (1992–2025) RI 14 (1987–2012) OR 8 (2000–2025) VI 8 (2007–2026) GU 5 (2023–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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