Bennett v. Maass

Petitioner appeals from a judgment denying post-conviction relief. Respondent has moved to dismiss the appeal on the ground that it presents “no substantial question of law.” ORS 138.660. 1 We agree and allow the motion.

In the post-conviction proceeding, petitioner contended, inter alia, that his trial attorney’s failure to investigate and obtain scientific evidence that would have exonerated him denied him effective representation of counsel. The post- conviction court denied petitioner’s claim and found

‘ ‘by a preponderance of the evidence that in representing the petitioner in the…