Bailey v. Nooth

Petitioner appeals the trial court’s judgment denying his petition for post-conviction relief. Applying our recent decision in Knox v. Nooth, 244 Or App 57, 260 P3d 562 (2011), we conclude that the trial court erred in denying petitioner’s request for substitute counsel and requiring petitioner to proceed pro se. Accordingly, we reverse and remand.

The relevant facts are few and undisputed. After being convicted of eight counts of encouraging child sex abuse in the second degree, ORS 163.686, petitioner filed a petition for post-conviction relief. See ORS 138.510 - 138.680 (establishing…