Howe v. Cupp

Defendant was convicted of robbery in the second degree, and on appeal his conviction was affirmed. State v. Howe, 32 Or App 178, 573 P2d 780 (1978). 1 He petitioned for post-conviction relief, alleging multiple claims of ineffective assistance of counsel and prosecutorial misconduct. The post-conviction court concluded that, while no single claim of defendant warranted a new trial, 2 the cumulative effect of the trial’s numerous shortcomings was to deny defendant a fair trial. 3 It granted defendant’s petition and ordered a new trial. The state appeals. ORS 138.650. We reverse.

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