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BUMGARNER v. NOOTH

09087529P; A145099.

295 P.3d 52 (2012)

254 Or. App. 86

Kevin Mitchell BUMGARNER, Petitioner-Respondent, Cross-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Appellant, Cross-Respondent.

Court of Appeals of Oregon.

Decided December 12, 2012.

Attorney(s) appearing for the Case

Pamela J. Walsh , Assistant Attorney General, argued the cause for appellant-cross-respondent. With her on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Jay W. Frank argued the cause for respondent-cross-appellant. With him on the briefs was Moule & Frank, Lawyers.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Petitioner in this post-conviction proceeding was convicted in 2004 of two counts of first-degree rape, ORS 163.375,1 two counts of first-degree unlawful sexual penetration, ORS 163.411,2 two counts of first-degree sexual abuse, ORS 163.427, two counts of first-degree kidnapping, ORS 163.235,3 and one count of third-degree assault, ORS 163.165. Petitioner then filed...

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