Tush v. Palmateer

Petitioner appeals from a judgment denying his petition for post-conviction relief. ORS 138.510 to ORS 138.686. The issue on appeal is whether, under Article I, section 11, of the Oregon Constitution, petitioner received inadequate assistance of trial counsel.1 We review to determine whether the facts found by the post-conviction court are supported by evidence in the record and whether its legal conclusions are correct, Austin v. McGee, 140 Or App 263, 265, 915 P2d 1027 (1996), and affirm.

After an incident during which petitioner reportedly attacked the victim with a knife, petitioner was…