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HARDEGGER v. AMSBERRY

A165761.

473 P.3d 576 (2020)

305 Or.App. 726

Brian Joseph HARDEGGER, Petitioner-Appellant, v. Brigitte AMSBERRY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

August 12, 2020.

Attorney(s) appearing for the Case

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

Jeff J. Payne Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

In 2001, when petitioner was a youth, he committed felony murder. Under Measure 11, he was tried as an adult and received a mandatory sentence of life in prison, with a minimum of 25 years to be served before any possibility for release. In 2012, the United States Supreme Court held that a mandatory life sentence without parole is...

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