Legal Opinion

Mesta v. Franke

Court of Appeals of Oregon

Decided March 26, 2014No. CV101065; A148979PublishedCited by 6 opinions

1Opinion of the CourtEgan, J.

Petitioner appeals a general judgment that denied him post-conviction relief. In 2007, petitioner was convicted on four counts of first-degree sexual abuse following a jury trial at which a doctor testified that he had diagnosed sexual abuse in three of the five alleged child victims. Petitioner appealed to this court; his appellate counsel argued that admitting those diagnoses was error because they amounted to improper comments on the truthfulness of the child witnesses. We affirmed petitioner’s conviction; the Supreme Court subsequently denied review. Petitioner sought post-conviction…

2Cases cited30 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Smith v. MurraySupreme Court of the United States · 1986
  3. State v. WyattOregon Supreme Court · 2000
  4. State v. MiddletonOregon Supreme Court · 1983
  5. State v. BrownOregon Supreme Court · 1984

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3Cited by6 opinions

  1. Hagberg v. CourseyCourt of Appeals of Oregon · 2015
  2. Jackson v. FrankeCourt of Appeals of Oregon · 2017
  3. Hardin v. PopoffMultnomah County Circuit Court, Oregon · 2016
  4. Lopez-Minjarez v. KellyCourt of Appeals of Oregon · 2024
  5. Luis Mesta v. John MyrickCourt of Appeals for the Ninth Circuit · 2019

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