Legal Opinion

Stevens v. State

Oregon Supreme Court

Decided September 28, 1995No. CC 16-92-04672; CA A80158; SC S41633PublishedCited by 104 opinions

1Opinion of the CourtUnis, J.

The issue in this case is whether petitioner was denied adequate assistance of trial counsel in violation of Article I, section 11, of the Oregon Constitution and is, therefore, entitled to post-conviction relief, on the ground that his trial counsel failed to interview certain potential witnesses and chose not to have petitioner examined medically to determine whether he was impotent at the time of the alleged rape. We answer that question in the affirmative.

On June 8, 1990, petitioner was indicted for rape in the first degree, ORS 163.375 (1989). 1 The indictment alleged that petitioner…

2Cases cited6 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. State v. KennedyOregon Supreme Court · 1983
  4. Krummacher v. GierloffOregon Supreme Court · 1981
  5. Trujillo v. MaassOregon Supreme Court · 1991

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3Cited by104 opinions

  1. Eric Allen Peterson v. Robert LampertCourt of Appeals for the Ninth Circuit · 2003
  2. Green v. FrankeOregon Supreme Court · 2015
  3. Montez v. CzerniakOregon Supreme Court · 2014
  4. Lichau v. BaldwinOregon Supreme Court · 2002
  5. Pereida-Alba v. CourseyOregon Supreme Court · 2015

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