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KINKEL v. LAWHEAD

03C21079; A137866.

246 P.3d 746 (2011)

240 Or. App. 403

Kipland Philip KINKEL, Petitioner-Appellant, v. Gary LAWHEAD, Superintendent, MacLaren Youth Correctional Facility, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 12, 2011.

Attorney(s) appearing for the Case

Dennis N. Balske, Portland, argued the cause for appellant. With him on the briefs was Lawrence Matasar.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

LANDAU, J., Pro Tempore.

Petitioner was charged with a number of counts of aggravated murder and attempted aggravated murder arising out of incidents in which he shot and killed his parents and, the following day, fired semi-automatic weapons while at his high school, killing two and injuring nearly two dozen students. He was given court-appointed counsel, who negotiated a plea agreement to which petitioner ultimately agreed. The criminal trial court entered judgment...

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