Harris v. Morrow

Petitioner appeals from a judgment denying him post-conviction relief from his conviction for murder with a firearm. ORS 163.115; ORS 161.610. Petitioner argues that the post-conviction court applied a legally improper prejudice standard to his inadequate assistance of counsel claim and, as a result, erroneously concluded that his trial attorney’s failure to impeach an important state witness with a videotaped interview did not have a tendency to affect the result of his trial. We conclude that the post-conviction court’s recitation of the prejudice standard is, ultimately, fundamentally…