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HAYWARD v. BELLEQUE

98C19609; A142078.

273 P.3d 926 (2012)

248 Or. App. 141

Michael James HAYWARD, Petitioner-Appellant, v. Brian BELLEQUE, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 15, 2012.

Attorney(s) appearing for the Case

Rankin Johnson, IV , Portland, argued the cause and filed the briefs for appellant.

Timothy A. Sylwester , Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Laura S. Anderson , Senior Assistant Attorney General.

Before WOLLHEIM, Presiding Judge, and ARMSTRONG, Judge, and NAKAMOTO, Judge.

WOLLHEIM, P.J.

In 1996, petitioner was convicted of aggravated murder and sentenced to death based on a murder that he committed in 1994. On direct review, the Supreme Court affirmed defendant's conviction and death sentence. State v. Hayward, 327 Or. 397, 963 P.2d 667 (1998). In this post-conviction proceeding, petitioner sought to have his conviction set aside due to constitutionally ineffective...

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