Bowen v. Johnson

The state appeals a judgment granting post-conviction relief based on the inadequacy of counsel at petitioner’s criminal trial. The state contends that the post-conviction court granted relief based on a claim not raised in the petition. We agree and reverse.

The relevant facts are not in dispute. Petitioner was convicted of two counts of first-degree sodomy. Petitioner appealed, and the conviction was affirmed without opinion. State v. Bowen, 142 Or App 313, 920 P2d 180, rev den 324 Or 395 (1996). Petitioner then filed a pro se petition for post-conviction relief. He alleged numerous errors…