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MCMILLAN v. KELLY

A163801.

467 P.3d 791 (2020)

304 Or.App. 299

Patrick Allen MCMILLAN, Petitioner-Appellant, v. Brandon KELLY, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

May 20, 2020.

Attorney(s) appearing for the Case

Jason Weber argued the cause for appellant. Also on the brief was O'Connor Weber LLC.

Greg Rios, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

In 2007, a woman, C, who had stolen a necklace belonging to petitioner's wife was, among other things, kidnapped, assaulted, and strangled. For petitioner's role in the crimes committed against C, he was charged with 13 offenses. During petitioner's criminal trial, the prosecutor put to the...

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