Find Court Cases > A141418 Cortez v. Nooth

A141418 Cortez v. Nooth

Case Date: 12/01/2010
Docket No: 07116206PA141418

Download A143586 State v. Dalby.pdf

FILED: December 01, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ROBERT DUARTE CORTEZ,
aka Robert Duarte Cortes,

Petitioner-Appellant,

v.

MARK NOOTH,
Superintendent,
Snake River Correctional Institution,

Defendant-Respondent.

Malheur County Circuit Court
07116206P
A141418

Linda Louise Bergman, Senior Judge.

Submitted on September 20, 2010.

James N. Varner filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

Before Brewer, Chief Judge, and Edmonds, Senior Judge.

EDMONDS, S. J.

Reversed and remanded.

EDMONDS, S. J.

Petitioner, in this post-conviction relief proceeding, appeals after the post-conviction court denied relief based on its ruling that petitioner failed to prove that he was prejudiced by his counsel's advice not to testify in the underlying criminal proceeding.