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MELLERIO v. NOOTH

A153539.

379 P.3d 560 (2016)

279 Or. App. 419

Michael Alexander MELLERIO, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

July 7, 2016.

Attorney(s) appearing for the Case

Jason E. Thompson , Salem, argued the cause for appellant. With him on the brief was Ferder, Casebeer, French & Thompson, LLP.

David B. Thompson , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before Sercombe, Presiding Judge, and Tookey, Judge, and Haselton, Senior Judge.

Petitioner appeals a judgment denying post-conviction relief. ORS 138.650. He contends, inter alia, that the post-conviction court erred in rejecting his claim of constitutionally inadequate representation based on criminal trial counsel's failure to request a "Boots" jury concurrence...

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