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Schlesser v. McLay

Court of Appeals of Oregon
Dec 7, 2022
323 Or. App. 104 (Or. Ct. App. 2022)

Opinion

A176339

12-07-2022

LAWRENCE RAYMOND SCHLESSER, Petitioner-Appellant, v. Tom McLAY, Superintendent, Powder River Correctional Institution, Defendant-Respondent.

Jedediah Peterson and O'Connor Weber LLC fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Adam Holbrook, Assistant Attorney General, fled the brief for respondent.


This is a Nonprecedential Memorandum Opinion Pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Submitted November 9, 2022

Umatilla County Circuit Court 19CV49814; J. Burdette Pratt, Senior Judge.

Jedediah Peterson and O'Connor Weber LLC fled the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Adam Holbrook, Assistant Attorney General, fled the brief for respondent.

Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.

KAMINS, J.

Petitioner appeals from a judgment denying postconviction relief (PCR), arguing that the PCR court erred in concluding that his trial counsel was not constitutionally inadequate or ineffective, because he improperly pressured petitioner to plead guilty to the charged offenses. There is evidence in the record to support the PCR court's finding that trial counsel did not improperly pressure petitioner to plead guilty, and we are bound by that finding. See Green v. Franke, 357 Or. 301, 312, 350 P.3d 188 (2015) ("A postconviction court's findings of historical fact are binding on this court if there is evidence in the record to support them."). Accordingly, the PCR court did not err.

Affirmed.


Summaries of

Schlesser v. McLay

Court of Appeals of Oregon
Dec 7, 2022
323 Or. App. 104 (Or. Ct. App. 2022)
Case details for

Schlesser v. McLay

Case Details

Full title:LAWRENCE RAYMOND SCHLESSER, Petitioner-Appellant, v. Tom McLAY…

Court:Court of Appeals of Oregon

Date published: Dec 7, 2022

Citations

323 Or. App. 104 (Or. Ct. App. 2022)

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