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JOHNSON v. PREMO

(CC 06C16178; CA A154129; SC S061670).

333 P.3d 288 (2014)

355 Or. 866

Martin Allen JOHNSON, Respondent on Review, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided August 14, 2014.

Attorney(s) appearing for the Case

Kathleen Cegla, Senior Assistant Attorney General, argued the cause and filed the brief for petitioner on review. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Daniel J. Casey, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Robert L. Huggins, Jr., Portland.

LANDAU, J.

The issue in this case is whether a petitioner in a post-conviction appeal is entitled both to be represented by counsel and to appear pro se. The Court of Appeals held that, under this court's decision in Church v. Gladden, 244 Or. 308, 417 P.2d 993 (1966), a post-conviction petitioner is entitled to be represented by counsel on appeal and, in the same appeal, to file any motions...

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