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KINKEL v. LAWHEAD

03C21079; A137866.

246 P.3d 746 (2011)

240 Or. App. 403

Kipland Philip KINKEL, Petitioner-Appellant, v. Gary LAWHEAD, Superintendent, MacLaren Youth Correctional Facility, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 12, 2011.

Attorney(s) appearing for the Case

Dennis N. Balske , Portland, argued the cause for appellant. With him on the briefs was Lawrence Matasar.

Susan G. Howe , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

LANDAU, J., Pro Tempore.

Petitioner was charged with a number of counts of aggravated murder and attempted aggravated murder arising out of incidents in which he shot and killed his parents and, the following day, fired semi-automatic weapons while at his high school, killing two and injuring nearly two dozen students. He was given court-appointed counsel, who negotiated a plea agreement to which petitioner ultimately agreed. The criminal trial court entered judgment...

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