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Publications: Court of Appeals upholds award of post-conviction relief



Posted: 12/19/2011

The court set aside Mr. Galloway's convictions for attempted aggravated murder, attempted murder, and burglary.  It held that trial counsel failed to provide adequate representation by failing to investigate the facts surrounding the fire set in the basement garage of the district attorney.  Such an investigation would have yielded information relevant to negate the critical intent element of the crimes charged. The court relied on the expert testimony presented by the petitioner’s legal expert, as well as the affidavits of the investigators, who contradicted unsubstantiated claims made by trial counsel.

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Law Office of Dennis N. Balske, Portland, Oregon (August 2003 – present).  Sole practitioner.  Constitutional law practice emphasizing state post-conviction and federal habeas corpus litigation. 


 

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