Legal Opinion · Dissent

Farmer v. Premo

Court of Appeals of Oregon

Decided February 23, 2017No. 07C16834; A152447Published

1DissentOrtega, J.

I agree with most of the majority’s decision in this post-conviction case. However, I disagree with the majority’s conclusion that the post-conviction court erred when it concluded that petitioner received inadequate assistance of counsel because his trial counsel “failed to call * * * Franklin Wong *** as an expert witness to testify that a handgun * * * found in the possession of * * * Baines, was more likely than not the firearm that discharged the bullet found in the deceased.” The post-conviction court granted relief after concluding that “a reasonable attorney would have called Wong *771to…

2Cases cited7 opinions

  1. Hinton v. AlabamaSupreme Court of the United States · 2014
  2. Lichau v. BaldwinOregon Supreme Court · 2002
  3. Stevens v. StateOregon Supreme Court · 1995
  4. Gorham v. ThompsonOregon Supreme Court · 2001
  5. Pinnell v. PalmateerCourt of Appeals of Oregon · 2005

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