Antoine v. Taylor
Annotate this CaseAt petitioner Jeremy Antoine's criminal trial for multiple counts of first-degree sexual abuse and first-degree sodomy, his counsel raised a set of challenges to the validity of the indictment and to the manner in which the case had been charged. Counsel argued that the indictment failed to provide adequate notice of the basis for the charges against petitioner and otherwise was defective. Petitioner was convicted and, on appeal, the Court of Appeals affirmed his convictions. Although the Court of Appeals rejected some of petitioner’s challenges to the indictment on the merits, it held that petitioner’s claims about inadequate notice should not have been raised in a demurrer and, instead, that petitioner “could have moved to discover the state’s election of the specific criminal acts that the state would prosecute at trial, in time for [him] to tailor his defense to those specific incidents.” Petitioner then filed this post-conviction challenge, alleging that trial counsel provided inadequate assistance by failing to move for a pretrial election. The post-conviction court granted relief, but the Court of Appeals reversed that decision, holding that trial counsel did not perform deficiently, given the state of the law at the time of petitioner’s trial. The Oregon Supreme Court found no reversible error in the appellate court's judgment, and affirmed.
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