Lambert v. Palmateer

*530EDMONDS, P. J.

Petitioner seeks reconsideration of our decision that reversed the trial court’s judgment granting post-conviction relief. Lambert v. Palmateer, 182 Or App 130, 47 P3d 907 (2002). We allow the petition and, on reconsideration, adhere to our former opinion as modified.

We review the facts briefly for purposes of the analysis that follows. In August 1995, petitioner and Boyum, the victim in the underlying case, were involved in an altercation. At the time, Boyum lived in a van that was parked in a vacant lot. Petitioner approached the van while yelling at Boyum. Petitioner then…