Montez v. Czerniak

Petitioner, who was convicted of aggravated murder and sentenced to death, appeals a judgment denying post-conviction relief. He argues that the post-conviction court erred in rejecting his numerous claims that counsel in his 1992 penalty-phase retrial proceedings provided constitutionally ineffective assistance of counsel. For the reasons explained below, we affirm.

I. THE UNDERLYING CRIMES

We begin with the facts of the underlying crimes, as taken from the Oregon Supreme Court opinion on direct review of the initial conviction and death sentence.

“On June 20,1987, Candice Straub, accompanied…