Cunningham v. Thompson

Petitioner seeks reconsideration of our decision affirming the post-conviction court’s denial of his petition for post-conviction relief. Cunningham v. Thompson, 186 Or App 221, 62 P3d 823 (2003). Specifically, he seeks reconsideration of his tenth assignment of error, pertaining to his criminal trial counsel’s failure to impeach the testimony, in the penalty phase of petitioner’s criminal trial, of a psychologist, Dr. Cochran. 1 We allow the petition, modify our opinion, and adhere to it as modified.

For convenience, we set out in full our discussion, in our opinion, of petitioner’s tenth…