Hayward v. Belleque
Decision Date | 15 February 2012 |
Docket Number | A142078.,98C19609 |
Citation | 273 P.3d 926,248 Or.App. 141 |
Parties | Michael James HAYWARD, Petitioner–Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant–Respondent. |
Court | Oregon Court of Appeals |
OPINION TEXT STARTS HERE
Rankin Johnson, IV, Portland, argued the cause and filed the briefs for appellant.
Timothy A. Sylwester, Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Laura S. Anderson, Senior Assistant Attorney General.
Before WOLLHEIM, Presiding Judge, and ARMSTRONG, Judge, and NAKAMOTO, Judge.
In 1996, petitioner was convicted of aggravated murder and sentenced to death based on a murder that he committed in 1994. On direct review, the Supreme Court affirmed defendant's conviction and death sentence. State v. Hayward, 327 Or. 397, 963 P.2d 667 (1998). In this post-conviction proceeding, petitioner sought to have his conviction set aside due to constitutionally ineffective assistance of counsel during the guilt and penalty phases of his trial.1 He appeals from the post-conviction court's rejection of his claims. For the reasons explained below, we affirm.
We begin with the facts of the underlying crimes as described in the Supreme Court's opinion on direct review of the conviction and death sentence:
327 Or. at 399–402, 963 P.2d 667 (footnotes omitted).
Petitioner was charged with and convicted of three counts of aggravated murder, ORS 163.095, one count of intentional murder, ORS 163.115, two counts of felony murder, ORS 163.115, two counts of attempted aggravated murder, ORS 161.405; ORS 163.095, one count of first-degree assault, ORS 163.185, one count of first-degree kidnapping, ORS 163.235, one count of first-degree robbery, ORS 164.415, and one count of first-degree burglary, ORS 164.225. The three aggravated murder guilty verdicts merged into a single conviction of aggravated murder; the intentional and felony murder guilty verdicts and the robbery and burglary murder verdicts also merged into the single aggravated murder conviction; the two attempted aggravated murder verdicts merged into a single attempted aggravated murder conviction. Following a death-penalty-phase proceeding, a jury sentenced petitioner to death pursuant to ORS 163.150.2 As noted, on automatic and direct review, the Supreme Court affirmed defendant's convictions and death sentence.
Petitioner filed a petition for post-conviction relief raising 16 claims relating to trial counsel's effectiveness during both the guilt and penalty phases of trial. To prevail on his claims under Article I, section 11, of the Oregon Constitution, petitioner was required to prove, by a preponderance of the evidence, facts demonstrating that trial counsel failed to exercise reasonable professional skill and judgment and that the petitioner suffered prejudice as a result. Trujillo v. Maass, 312 Or. 431, 435, 822 P.2d 703 (1991). To prevail on his claims under the United States Constitution, petitioner was required to prove that trial counsel's performance “fell below an objective standard of reasonableness * * * under prevailing professional norms” and that there is a “reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As we said in Montez v. Czerniak, 237 Or.App. 276, 278 n. 1, 239 P.3d 1023 (2010), rev. allowed, 350 Or. 571, 258...
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