Bogle v. Armenakis

Petitioner appeals from a judgment denying his petition for post-conviction relief. Petitioner asserts, among other things, that his trial counsel’s failure to object to jury instructions for first-degree sodomy, ORS 163.405, and four counts of first-degree kidnapping, ORS 163.235, amounted to inadequate assistance of counsel in violation of Article I, section 11, of the Oregon Constitution, and the Sixth Amendment to the United States Constitution. We review for errors of law, ORS 138.220, reverse in part, and otherwise affirm.

Petitioner’s prosecution arose from an episode that occurred on…