Dennis Balske

Court Sets Aside

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COURT SETS ASIDE ERRONEOUS POST-CONVICTION JUDGMENT

Posted: 6/9/2016

On June 8, 2016, the Oregon Court of Appeals set aside the judgment of Judge Joseph Guimond that denied post-conviction relief to Brandon Maxfield. The court agreed with Mr. Maxfield's counsel, Dennis Balske, that Judge Guimond had applied an erroneous legal standard in determining whether Mr. Maxfield was prejudiced by his trial counsel's sub-par performance. It reversed the judgment and remanded the case for a new determination under the appropriate legal standard, namely, whether the trial lawyer's performance could have tended to affect the outcome of the case.