Herron v. Cupp

This is an appeal from an order of dismissal after a demurrer was sustained to a post-conviction petition. The appeal presents this question: When the petitioner alleges facts seeking to show an action or a failure to act by his attorney which results in a lack of understanding by the accused of the possible consequences of his guilty plea, will a demurrer lie to the petition? The answer involves the effect to be given to the presumption that the attorney has performed his duty to advise his client of the consequences of a plea. We have held in Lay v. Cupp, 1 Or App 296, 462 P2d 443, decided…