Harbert v. Franke

Petitioner appeals from a judgment denying his claims for post-conviction relief. Petitioner argues that he was denied adequate assistance of appellate counsel pursuant to Article I, section 11, of the Oregon Constitution, because his appellate lawyer failed to raise, as plain error, the trial court’s decision to proceed to a bench trial on petitioner’s two consolidated cases with a written jury trial waiver that listed only one of the case numbers.1 We conclude that petitioner has failed to demonstrate that every appellate attorney exercising reasonable professional skill and judgment would…