Kyle James Green, Respondent on Review v. Steve Franke

Summary

The court held that the post-conviction court had not resolved whether trial counsel's failure to request a limiting instruction was constitutionally inadequate and had applied an incorrect prejudice standard. Because the record could support competing findings about counsel's strategy and consideration of the instruction, the court reversed and remanded that claim for further proceedings, while affirming the denial of relief on the remaining claims. The court held that Oregon's prejudice inquiry in a jury-trial ineffective-assistance claim requires more than a mere possibility but less than a probability that counsel's omission tended to affect the result.