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FARMER v. PREMO

A152447.

390 P.3d 1054 (2017)

283 Or. App. 731

Dante R'Marcus FARMER, Petitioner-Respondent, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

resubmitted en banc December 21, 2016.

February 23, 2017.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, argued the cause for appellant. On the brief were Mary H. Williams, Deputy Attorney General, Anna M. Joyce, Solicitor General, David B. Thompson, Assistant Attorney General, and Rebecca M. Johansen, Assistant Attorney General.

Hari Nam S. Khalsa filed the brief for respondent.

Before Hadlock, Chief Judge, and Armstrong, Ortega, Sercombe, Egan, DeVore, Tookey, Garrett, Flynn, DeHoog, and Shorr, Judges.

In this post-conviction relief case, the state1 appeals from a judgment granting petitioner relief on a number of his claims, and remanding the case for a new trial. The state assigns error to the post-conviction court's rulings on those claims, arguing that petitioner failed to establish, as a matter of...

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