Blain v. Cain

Summary

The Oregon Supreme Court denied the petition for review challenging Blain’s claim of ineffective assistance of counsel for failing to move to suppress a warrantless garbage search. The Court noted that the underlying privacy issue in garbage had been overruled by State v. Lien and that the Court of Appeals’ prejudice analysis was unaddressed, but the Supreme Court declined to intervene. A concurring opinion discussed the unresolved question of conditional plea offers and the privacy interest in garbage. No separate dissent or concurrence altering the result was filed.