Opinion · Court of Appeals of Oregon

Hetrick v. Keeney

77 Or. App. 506

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1986-01-29
Topic
general

PER CURIAM Plaintiff appeals the trial court’s denial of his petition for post-conviction relief. He alleged that his counsel in an earlier post-conviction proceeding failed to provide adequate assistance because he did not raise certain issues and did not appeal the adverse judgment. In this case, the trial court granted summary judgment for defendant. We affirm. The grounds for post-conviction relief are found in ORS 138.530(1).

Citator

UpLaw has not yet analyzed Hetrick v. Keeney. The absence of a flag is not a finding that it is good law.

Cited by
10 opinions
PER CURIAM

Plaintiff appeals the trial court’s denial of his petition for post-conviction relief. He alleged that his counsel in an earlier post-conviction proceeding failed to provide adequate assistance because he did not raise certain issues and did not appeal the adverse judgment. In this case, the trial court granted summary judgment for defendant. We affirm.

The grounds for post-conviction relief are found in ORS 138.530(1). As relevant to that case, they all must involve “[a] substantial denial [of a constitutional right] in the proceedings resulting in petitioner’s conviction, or in the appellate review thereof, * * ORS 138.530(1)(a). (Emphasis supplied.) The alleged inadequacy of prior post-conviction counsel is not one of the enumerated grounds. Therefore, petitioner is not entitled to post-conviction relief.

Affirmed.