Thompson v. Belleque

• Court: Oregon Court of Appeals
• Area(s) of Law: Post-Conviction Relief
• Date Filed: 12-31-2014
• Case #: A140461
• Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; & Egan, J.

Claims of constitutionally deficient representation must be supported by specific facts in the record not only showing representation was deficient, but also that it tended to affect the outcome of the trial.

Thompson was convicted for aggravated murder; he was sentenced to death. Thompson sought post-conviction relief which was denied by the post-conviction court. He appealed that judgment on the grounds that the trial and appellate counsel provided to him were constitutionally deficient in representing him. The Court held Thompson had failed to show proof that his counsel had performed in a constitutionally deficient manner, or that any such deficiency had a tendency to affect the outcome. The Court found the post-conviction court did not err in denying Thompson’s claims. Affirmed.

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