Barteaux v. Mills
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FILED: September 12, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON MERVIN BARTEAUX, Petitioner-Appellant, v. DON MILLS, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent. Umatilla County Circuit Court CV081141 A145272 Linda Louise Bergman, Senior Judge. On respondent's petition for reconsideration filed July 25, 2012. Opinion filed June 27, 2012. 250 Or App 767, ___ P3d ___. Mary H. Williams, Deputy Attorney General, Anna M. Joyce, Solicitor General, and David B. Thompson, Assistant Attorney General, for petition. Before Armstrong, Presiding Judge, and Haselton, Chief Judge, and Duncan, Judge. PER CURIAM Reconsideration allowed; former opinion clarified and adhered to as clarified. 1 PER CURIAM 2 Defendant has petitioned us to reconsider our decision that reversed and 3 remanded the post-conviction judgment in this case, seeking, among other things, 4 clarification of the tasks for the parties and the post-conviction court on remand. We 5 allow the petition to provide the requested clarification. 6 In assessing a claim that trial counsel in petitioner's criminal case provided 7 inadequate legal assistance, the post-conviction court proceded from what has now been 8 confirmed in Lafler v. Cooper, ___ US ___, 132 S Ct 1376, 182 L Ed 2d 398 (2012), and 9 Missouri v. Frye, ___ US ___, 132 S Ct 1399, 182 L Ed 2d 379 (2012), to have been a 10 false first premise. Accordingly, as defendant posits in his reconsideration petition, the 11 "court intends for the parties and the post-conviction court to simply start over (i.e., to 12 consider anew both the deficient-performance question and the prejudice question), now 13 that Frye and Lafler" have been decided. 14 15 Reconsideration allowed; former opinion clarified and adhered to as clarified. 1
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