Johnson v. Babcock

In this action for legal malpractice, plaintiff 1 appeals, assigning error to the allowance of defendant’s motion for summary judgment. As described below, the procedural posture is singular: After plaintiff unsuccessfully sought post-conviction relief based on defendant’s alleged ineffective assistance in criminal matters, see Johnson v. Zenon, 151 Or App 349, 948 P2d 767 (1997), rev den, 326 Or 530 (1998) (Johnson III), plaintiff successfully petitioned in federal court for habeas corpus relief on the same grounds. Johnson v. Zenon, No CV 96-6109-TC (D Or Feb 5, 2001). In allowing…