Gonzalez-Aguilera v. Premo

Petitioner appeals a judgment dismissing his petition for post-conviction relief. In the petition, he raised two claims of ineffective assistance of counsel, alleging that his trial attorney failed to adequately investigate his mental health circumstances at the time of his offense and at the time he entered guilty pleas. The post-conviction court dismissed the petition, in its entirety, for failure to prosecute, ORCP 54 (B)(1). Petitioner argues that the post-conviction court plainly erred in doing so. As explained below, even assuming that the court plainly erred, we decline to exercise our…