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PINNELL v. PALMATEER

94C-13573; A113174.

114 P.3d 515 (2005)

200 Or. App. 303

Mark Allen PINNELL, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Eric M. Cumfer, Salem, argued the cause and filed the opening brief for appellant. On the reply brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Eric C. Cumfer, Deputy Public Defender, Office of Public Defense Services.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robert B. Rocklin, Assistant Attorney General.

Before LANDAU, Presiding Judge, ARMSTRONG, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

Petitioner was convicted of aggravated murder and felony murder and sentenced to death. The convictions and sentence ultimately were affirmed on direct appeal. Petitioner then filed a petition for post-conviction relief, advancing a number of claims concerning the constitutionality of the criminal trial proceedings and the adequacy of his counsel. The trial court rejected those claims and dismissed the petition. Petitioner appeals, assigning error both...

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