Oregon Supreme Court January 31, 2019, CC CV080485 (CA A152333) (SC S064876) (Jackson v. Franke)

BALMER, J.

*352**314Petitioner in this post-conviction proceeding was tried on charges of first-degree sexual abuse and first-degree sodomy in 2001. At trial, petitioner's counsel did not object to certain testimony, and controlling case law at that time from the Court of Appeals held that such testimony was admissible.