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CUNNINGHAM v. THOMPSON

95C-11416; A107806.

62 P.3d 823 (2003)

186 Or. App. 221

Clinton Wendell CUNNINGHAM, Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided February 5, 2003.

Attorney(s) appearing for the Case

Eric M. Cumfer, Salem, argued the cause for appellant. With him on the brief was James N. Varner.

Kathleen Cegla, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

BREWER, J.

After a jury trial, petitioner was convicted of aggravated murder and sentenced to death. The Oregon Supreme Court affirmed. State v. Cunningham, 320 Or. 47, 880 P.2d 431 (1994), cert. den., 514 U.S. 1005, 115 S.Ct. 1317, 131 L.Ed.2d 198 (1995). Petitioner sought post-conviction relief, asserting that the trial court violated his constitutional rights in two respects and that...

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