Montez v. Czerniak

Petitioner was convicted of aggravated murder in 1988 and, following a 1992 penalty-phase retrial, was sentenced to death for that crime. Petitioner now seeks post-conviction relief, arguing that he received constitutionally inadequate assistance of counsel during that 1992 penalty-phase proceeding. The post-conviction court denied relief and the Court of Appeals affirmed that judgment. For the reasons set out below, we also affirm.

I. HISTORY AND PROCEDURAL BACKGROUND

In 1987, petitioner and another man beat, raped, and sodomized a female victim in a Portland motel room. When the victim…