Court of Appeals of Oregon June 5, 2002, 98C-15881; A108801 (Lambert v. Palmateer)

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ARMSTRONG, J.

The state appeals from a judgment granting post-conviction relief to petitioner on the grounds that his trial and appellate counsel were inadequate. We reverse.

Petitioner was charged with assault in the first degree and criminal mischief in the second degree arising out of his hitting the victim on the head with a metal pipe. The case was tried to the court.