Legal Opinion

Berg v. Nooth

Court of Appeals of Oregon

Decided August 21, 2013No. 10068144P; A150012PublishedCited by 6 opinions

1Opinion of the CourtHadlock, J.

Petitioner brought this action for post-conviction relief after having been convicted of numerous sexual and other offenses against his two daughters. Petitioner alleged that his trial counsel had provided inadequate assistance by, among other things, failing to object to testimony and prosecutorial arguments vouching for the victims’ credibility. The post-conviction court denied relief, and petitioner appeals. We conclude that trial counsel’s performance was constitutionally deficient and that petitioner’s defense was prejudiced as a result. Accordingly, we reverse and remand.

The charges…

2Cases cited8 opinions

  1. State v. MiddletonOregon Supreme Court · 1983
  2. State v. MilbradtOregon Supreme Court · 1988
  3. State v. SouthardOregon Supreme Court · 2009
  4. Trujillo v. MaassOregon Supreme Court · 1991
  5. State v. LupoliOregon Supreme Court · 2010

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3Cited by6 opinions

  1. State v. SperouOregon Supreme Court · 2019
  2. Davis v. CainCourt of Appeals of Oregon · 2020
  3. State v. RossCourt of Appeals of Oregon · 2015
  4. Waldorf v. PremoCourt of Appeals of Oregon · 2019
  5. Geary v. BlewettCourt of Appeals of Oregon · 2023

1 more not listed; retrieve them via the Exa API.

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