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United States Ninth Circuit


FRANKLIN v. JOHNSON, 00-36108

An ineffective assistance claim is not procedurally barred where state of Oregon waived its default argument by failing to previously raise it in district court, but such claim is without merit where defendant suffered no prejudice from objectively inadequate representation.

Appellate Information

  • Argued 03/04/2002
  • Decided 05/30/2002
  • Published 05/30/2002

Judges

  • Before B. FLETCHER, O'SCANNLAIN, and BERZON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Christoper J. Schatz, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

  • For Appellees:
  • Erika L. Hadlock, Office of the Attorney General of the State of Oregon, Salem, OR, for the defendant-appellee.
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