Antoine v. Taylor

To obtain relief… a post-conviction petitioner must show ‘that counsel failed to exercise reasonable professional skill and judgment, and that the petitioner suffered prejudice as a result of counsel’s inadequacy.’ Johnson v. Premo, 361 Or 688, 699, 399 P3d 431 (2017).”

Petitioner filed a challenge for post-conviction relief following conviction of sodomy and first-degree sexual abuse on multiple counts. Petitioner assigned error to trial counsel providing ineffective assistance of counsel when counsel failed to move for a pre-trial election. Petitioner argued trial counsel should have known a demurrer could not be used to for challenges regarding pretrial notice, and counsel should have used pre-trial election to raise the issue. “To obtain relief… a post-conviction petitioner must show ‘that counsel failed to exercise reasonable professional skill and judgment, and that the petitioner suffered prejudice as a result of counsel’s inadequacy.’ Johnson v. Premo, 361 Or 688, 699, 399 P3d 431 (2017).” The Court found that petitioner did not establish that trial counsel failed to use reasonable judgment in raising the pre-trial notice issue. Additionally, a “longstanding body of authority [has held] a demurrer is an appropriate way to raise a challenge” to notice. Affirmed.