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Hetrick v. Keeney
Citation: 713 P.2d 688Docket: 153,250 CA A35783
Court: Court of Appeals of Oregon; January 28, 1986; Oregon; State Appellate Court
Terry Allen Hetrick appealed the denial of his petition for post-conviction relief against J.C. Keeney, Superintendent of the Oregon State Penitentiary. Hetrick claimed inadequate assistance from his former counsel in a previous post-conviction proceeding, specifically alleging that his attorney failed to raise certain issues and did not appeal an unfavorable judgment. The Oregon Court of Appeals affirmed the trial court's summary judgment for the respondent, stating that the grounds for post-conviction relief under ORS 138.530(1) must involve a substantial denial of a constitutional right during the original conviction or its appellate review. The court determined that the alleged inadequacy of prior counsel is not an enumerated ground for relief, thus denying Hetrick's petition. The decision was rendered on January 29, 1986, with further motions for review and reconsideration denied in April and March, respectively.