Lizarraga-Regalado v. Premo

HASELTON, S. J.

Petitioner appeals a judgment denying post-conviction relief. He assigns error to the trial court’s dismissal, by way of summary judgment, of his claim based on criminal trial counsel’s failure to challenge the giving of a “natural and probable consequences” uniform jury instruction identical to that which the Oregon Supreme Court later disapproved in State v. Lopez-Minjarez, 350 Or 576, 582-84, 260 P3d 439 (2011). For the reasons that follow, we conclude that (1) the first of the two alternative grounds on which the post-conviction court granted summary judgment was erroneous…