State v. Wells

Defendant was convicted of two counts of first-degree sexual abuse in 2001. This court affirmed his convictions without opinion, and the Supreme Court denied review. See State v. Wells, 187 Or App 115, 66 P3d 1030, rev den, 335 Or 656 (2003). Defendant sought a writ of habeas corpus in federal court. The court concluded that defendant had been deprived of effective assistance of appellate counsel, and it ordered the state to provide him with competent counsel and the opportunity for a new direct appeal, which is the posture in which the case is now before us. Defendant presents several…