Johnson v. Maass

The state appeals a judgment granting petitioner post-conviction relief in the form of a new trial on three counts of first degree rape. ORS 138.520. The court held that he had not had effective assistance of counsel in that his attorney inadequately investigated and presented an alibi defense at his criminal trial and failed to confer sufficiently with petitioner about the case in preparation for trial. The state contends that petitioner’s counsel’s performance was not constitutionally ineffective. We reverse.

Petitioner and his brother, Kevin, were indicted on several counts of rape and…