Custer v. Baldwin

Petitioner appeals from a judgment dismissing his action for post-conviction relief, which arose from his conviction for sodomy in the first degree. ORS 163.405. Specifically, petitioner contends that his criminal defense counsel breached his duty to exercise skill and professional judgment by failing to assert that, because of the dismissal of a previous sodomy prosecution against petitioner, the prosecution resulting in petitioner’s conviction was barred by former jeopardy. We conclude that former jeopardy did not bar the underlying prosecution because that prosecution did not arise out of…