Tracy v. Nooth

In this post-conviction case, petitioner appeals from a judgment denying his petition for post-conviction relief from his convictions for sexual abuse in the first degree, ORS 163.427, and attempted rape in the first degree, ORS 161.405; ORS 163.375(1)(a). In the petition, petitioner alleged, among other things, that he was denied adequate assistance of counsel under Article I, section 11, of the Oregon Constitution.1 On appeal, petitioner argues that the post-conviction motions judge2 erred in denying his request for five subpoenas duces tecum for records relating to the case. Petitioner’s…