Hetrick v. Keeney

Court of Appeals of Oregon
Hetrick v. Keeney, 77 Or. App. 506 (1986)
713 P.2d 688
Gillette, Hoomissen, Young

Hetrick v. Keeney

Opinion of the Court

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.

Reference

Full Case Name
TERRY ALLEN HETRICK v. KEENEY
Cited By
10 cases
Status
Published