Michael Wayne MILLER, Petitioner on Review,
v.
Robert LAMPERT, Superintendent, Snake River Correctional Institution, Respondent on Review.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and submitted January 12, 2005.
Decided January 12, 2006.
Attorney(s) appearing for the Case
Rankin Johnson IV, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Thomas J. Hester and Steven T. Wax, Portland, filed the brief for amici curiae OC-DLA and Federal Defender.
Supreme Court of Oregon, En Banc.
KISTLER, J.
Petitioner raises two issues in this post-conviction proceeding. The first is whether Apprendi v. New Jersey,530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies retroactively. Petitioner acknowledges that this court has held that it does not, see Page v. Palmateer,336 Or. 379,...
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