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BAILEY v. NOOTH

09097619P; A146429.

269 P.3d 80 (2011)

247 Or. App. 240

Robert BAILEY, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 14, 2011.

Attorney(s) appearing for the Case

James N. Varner filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Samuel A. Kubernick , Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and DUNCAN, Judge.

DUNCAN, J.

Petitioner appeals the trial court's judgment denying his petition for post-conviction relief. Applying our recent decision in Knox v. Nooth, 244 Or.App. 57, 260 P.3d 562 (2011), we conclude that the trial court erred in denying petitioner's request for substitute counsel and requiring petitioner to proceed pro se. Accordingly, we reverse and remand.1...

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