Legal Opinion

Baker v. Premo

Court of Appeals of Oregon

Decided January 7, 2015No. 11C10900; A151997Published

1Opinion of the CourtGarrett, J.

In this appeal, petitioner challenges the post-conviction court’s order denying his motion for summary judgment and granting defendant’s cross-motion for summary judgment. The summary judgment motions concerned whether petitioner’s criminal trial counsel was constitutionally inadequate for agreeing to a change in the terms of a plea agreement that, according to petitioner, resulted in an enlargement of petitioner’s total sentence from 152 months to 180 months. The post-conviction court granted summary judgment to defendant on the ground that petitioner could not demonstrate prejudice,…

2Cases cited14 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Ball v. GladdenOregon Supreme Court · 1968
  3. Trujillo v. MaassOregon Supreme Court · 1991
  4. State v. BoydOregon Supreme Court · 1975
  5. Montez v. CzerniakOregon Supreme Court · 2014

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