Trotter v. Santos

Defendant petitions for reconsideration of our opinion in Trotter v. Santos, 212 Or App 473, 157 P3d 1233 (2007), in which we held that petitioner’s criminal trial counsel provided inadequate assistance because counsel failed to request a jury instruction on lesser-included offenses and that petitioner was thus entitled to post-conviction relief. Defendant argues in his petition that we misapplied the burden of proof. Specifically, defendant points to our statement that “there is no indication that [petitioner’s] criminal trial counsel made a tactical decision not to request the instruction.”…