Lopez v. Nooth

Petitioner appeals from a judgment denying his petition for post-conviction relief. On appeal, he assigns error to the post-conviction court’s denial of his motion to substitute counsel. As discussed below, we conclude that the post-conviction court’s determination that counsel was suitable was based on an incorrect understanding of a post-conviction counsel’s obligations following the filing of a Church motion. Church v. Gladden, 244 Or 308, 417 P2d 993 (1966). Accordingly, we reverse and remand.

Petitioner’s post-conviction claim began with the filing of a pro se petition. Appointed counsel…