Court of Appeals of Oregon, 2008

MacOn v. Gower

MacOn v. Gower
Court of Appeals of Oregon · Decided April 23, 2008 · Haselton, Armstrong, Rosenblum
183 P.3d 227; 219 Or. App. 485; 2008 Ore. App. LEXIS 514 (Pacific Reporter, Third Series)

MacOn v. Gower

Opinion

*486 PER CURIAM

Petitioner appeals from a judgment, following a trial, denying post-conviction relief. Specifically, before the post-conviction court, petitioner alleged that his trial counsel had been constitutionally inadequate in 20 particulars, including “[c]ounsel failed to file a notice of appeal after being requested to do so by the Petitioner,” and that the sentence the trial court imposed was “illegal” in several particulars. The court rejected all of petitioner’s claims. On appeal, petitioner challenges only the post-conviction court’s rejection of his allegation pertaining to trial counsel’s failure to file a notice of appeal after being asked to do so. The state concedes that, under Shipman v. Gladden, 253 Or 192, 199, 453 P2d 921 (1969), the post-conviction court’s disposition with respect to that specification was erroneous. We accept that concession as well founded. Id.

Reversed and remanded on specification that “Counsel failed to file a notice of appeal after being requested to do so by the Petitioner”; otherwise affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.