BOGLE v. BELLEQUE

06C13072, A137230.

220 P.3d 63 (2009)

231 Or. App. 395

Robert Zane BOGLE, Petitioner-Respondent, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Respondent-Appellant.

Court of Appeals of Oregon.

Decided October 21, 2009.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Attorney-in-Charge, Capital Cases, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Andrew S. Chilton argued the cause for respondent. On the brief were Patrick M. Ebbett and Chilton, Ebbett & Galli, LLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.


PER CURIAM.

Defendant appeals a judgment granting petitioner post-conviction relief. This was petitioner's third petition for post-conviction relief. The post-conviction court considered the merits of the petition and concluded that petitioner could not reasonably have raised the argument made in the petition either on direct appeal or in a previous petition. We disagree and reverse.

In 1994, petitioner was convicted of four counts of kidnapping, two counts...

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