Monica v. Myers

It is a petitioner’s burden to demonstrate, by a preponderance of the evidence, that (1) counsel failed to exercise reasonable professional skill and judgment; and (2) petitioner was prejudiced as a result. See Trujillo v. Maass, 312 Or 431, 435 (1991).

After Petitioner was found guilty of multiple offenses, the post-conviction court denied her ineffective assistance of counsel claims, finding that trial counsel was not ineffective and that, in any event, there would be no prejudice due to the overwhelming evidence of guilt. Petitioner assigns error to the post-conviction court’s denial of her claims. ​​It is a petitioner’s burden to demonstrate, by a preponderance of the evidence, that (1) counsel failed to exercise reasonable professional skill and judgment; and (2) petitioner was prejudiced as a result. See Trujillo v. Maass, 312 Or 431, 435 (1991). The Court determined that Petitioner’s trial counsel fulfilled their obligations and acted reasonably, and that the abundance of evidence of guilt, including Petitioner's incriminating statements, supported the conclusion that Petitioner would not have suffered any prejudice even if trial counsel’s representation had been inadequate. Therefore, the post-conviction court correctly rejected Petitioner’s claims. Affirmed.