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CLARK v. NOOTH

A155558.

395 P.3d 32 (2017)

284 Or.App. 762

Michael Ray CLARK, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

April 12, 2017.

Attorney(s) appearing for the Case

Bear Wilner-Nugent, Portland, argued the cause and filed the briefs for appellant.

Rebecca M. Auten, Assistant Attorney General, argued the cause for respondent. On the brief were Frederick M. Boss, Deputy Attorney General, Anna M. Joyce, Solicitor General, and Kathleen Cegla, Assistant Attorney General.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge pro tempore.

In this post-conviction case, petitioner seeks relief from his conviction for first-degree rape, ORS 163.375. On appeal, petitioner assigns error to the post-conviction court's denial of two claims for relief that are based on the allegation that petitioner was restrained by a leg brace during his criminal trial without findings...

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