Oregon Supreme Ct - March 20, 2014

by: Abassos and Megha Desai • March 20, 2014 • no comments

A Judge May Order a Defendant Involuntarily Medicated to Restore Competence

A judge has the authority to order a defendant involuntarily medicated for the purpose of restoring competence. ORS 161.370 implies

Mitigation Defense – Must make sufficient inquiry and present all available evidence

In a PCR claim for mitigation-related ineffective assistance of counsel, the Court held that any limited inquiry failing to discover and present mitigating evidence readily available is proof of inadequate counsel. Wiggins v. Smith, 539 U.S. 510 (2003). However, Wiggins does not create a per se rule that evidence of sexual abuse must always be a part of a mitigation case. Petitioner raised several issues all of which relate to ineffective assistance of counsel in a jury trial for mitigation of a death sentence to a life sentence. Court held that petitioner’s former counsel presented an extensive mitigation case focusing on all available evidence including petitioner’s difficult childhood, PTSD, and substance abuse. The evaluation of the reasonableness of counsel’s representation is from the counsel’s perspective at the time of the alleged error. The Court has held that they “will not second-guess a lawyer’s tactical decisions… unless those decisions reflect an absence or suspension of professional skill or judgment.” Gorham v. Thompson, 332 Or. 560, 567 (2001). Ultimately, no constitutional right to a perfect defense. Krummacher, 290 Or. 867, 875 (1981). Montez v. Czerniak