Mellerio v. Nooth

HASELTON, S. J.

Petitioner appeals a judgment denying post-conviction relief. ORS 138.650. He contends, inter alia, that the post-conviction court erred in rejecting his claim of constitutionally inadequate representation based on criminal trial counsel’s failure to request a “Boots” jury concurrence instruction1 relating to four counts of coercion, ORS 163.275, on which he was convicted. For the reasons that follow, we conclude that: (1) with respect to two of the coercion counts (Counts 5 and 6), a jury concurrence instruction would have been inapposite, rendering counsel’s performance…