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BAILEY v. LAMPERT

02-05-2014M; A124795.

125 P.3d 771 (2005)

203 Or. App. 45

Michael Jon BAILEY, Respondent-Cross-Appellant, v. Robert LAMPERT, Superintendent, Snake River Correctional Institution, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Attorney-In-Charge, argued the cause for appellant-cross-respondent. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Marc D. Brown argued the cause and filed the brief for respondent-cross-appellant.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

Petitioner in this post-conviction proceeding was convicted in 2000 of two charges of felon in possession of a firearm, ORS 166.270, based on his stipulation that he knowingly possessed two assault firearms at a time when he stood convicted of a 1995 sexual assault felony. Approximately three years later, a federal court reversed the underlying 1995 sexual assault felony after determining that it was obtained in violation of petitioner's constitutional...

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