Legal Opinion
Tarwater v. Cupp
Oregon Supreme Court
Decided January 6, 1988No. TC 144,280, CA A37898, SC S33884PublishedCited by 31 opinions
1Opinion of the Court
*641CAMPBELL, J.
This is a post-conviction case. The issues are whether the jury instructions on lesser included offenses were “acquittal first” instructions in violation of the Allen-Ogden rule1 and, if so, did Tarwater receive inadequate assistance of counsel because his trial counsel requested the instructions. We answer both issues in the affirmative. We affirm the Court of Appeals which reversed the post-conviction court in part. 84 Or App 133, 733 P2d 912 (1987).
In 1978 the petitioner Tarwater was found guilty by a jury of two counts of KIDNAPPING IN THE SECOND DEGREE, two counts of RAPE IN…
2Cases cited15 opinions
- Ball v. GladdenOregon Supreme Court · 1968
- Top Service Body Shop, Inc. v. Allstate InsuranceOregon Supreme Court · 1978
- Krummacher v. GierloffOregon Supreme Court · 1981
- State v. WashingtonOregon Supreme Court · 1975
- State v. HickmannOregon Supreme Court · 1975
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3Cited by31 opinions
- State v. ThomasOhio Supreme Court · 1988
- State v. RogersOregon Supreme Court · 2000
- People v. KurtzmanCalifornia Supreme Court · 1988
- State v. SawyerSupreme Court of Connecticut · 1993
- State v. TateSupreme Court of Connecticut · 2001
26 more not listed; retrieve them via the Exa API.