Legal Opinion

Hartzog v. Keeney

Court of Appeals of Oregon

Decided September 3, 1986No. 151,489; CA A37667PublishedCited by 2 opinions

1Opinion of the CourtWarden, P. J.

Defendant appeals from a post-conviction judgment setting aside petitioner’s guilty plea to first degree manslaughter. The court held that petitioner’s attorney had provided inadequate assistance of counsel, because he had failed to advise petitioner that he could be required to serve a minimum term of imprisonment before becoming eligible for parole. The court also held that petitioner’s guilty plea was not a knowing and voluntary waiver of his rights, because the trial court did not advise him of the possibility of a minimum term. We reverse and remand with instructions to dismiss the…

2Cases cited7 opinions

  1. Hill v. LockhartSupreme Court of the United States · 1985
  2. Krummacher v. GierloffOregon Supreme Court · 1981
  3. Lyons v. PearceOregon Supreme Court · 1985
  4. Stelts v. State of OregonOregon Supreme Court · 1985
  5. Jones v. CuppCourt of Appeals of Oregon · 1971

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3Cited by2 opinions

  1. Hartzog v. KeeneyOregon Supreme Court · 1987
  2. State v. TwittyCourt of Appeals of Oregon · 1987

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