- Court: Oregon Court of Appeals
- Area(s) of Law: Post-Conviction Relief
- Date Filed: 03-30-2022
- Case #: A173925
- Judge(s)/Court Below: Lagesen, C.J. for the Court; James, P.J.; and Joyce, J.
- Full Text Opinion
Petitioner’s trial counsel did not object to a non-unanimous jury instruction. Petitioner claims Ramos v. Louisiana which made non-unanimous juries unconstitutional meant that trial counsel’s performance was constitutionally deficient. To be deficient, trial counsel must fail to exercise reasonable professional skill and judgment and as a result of that performance the petitioner suffers prejudice. Counsel’s performance must fall below an objective reasonable standard which prejudices the petitioner. Petitioner’s claim failed because trial counsel is not expected to be able to predict a reversal by the United States Supreme Court. The law had been stable up until the Supreme Court’s decision in Ramos. AFFIRMED.