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DAVIS v. ARMENAKIS

94-C-13622; CA A93948.

948 P.2d 327 (1997)

151 Or. App. 66

Jerry Wallace DAVIS, Appellant, v. Nicholas ARMENAKIS, Acting Superintendent of Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 22, 1997.

Attorney(s) appearing for the Case

Karen Steele Gable, Salem, argued the cause and filed the brief for appellant.

Erika L. Hadlock, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, C.J., and DE MUNIZ and HASELTON, JJ.

DE MUNIZ, Judge.

Petitioner appeals from the judgment denying his petition for post-conviction relief. We affirm in part and reverse in part.

Petitioner was convicted on one count each of robbery in the first degree with a firearm, ORS 164.415, and burglary in the first degree. ORS 164.225. On direct appeal, he argued that he was denied due process and a fair trial because he was shackled throughout the trial. We affirmed the judgment, and the Supreme Court...

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