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PHILLIPS v. PREMO

A154571.

381 P.3d 986 (2016)

280 Or.App. 634

Kenneth Wayne PHILLIPS, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

September 8, 2016.

Attorney(s) appearing for the Case

Ryan O'Connor filed the briefs for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Erin K. Galli , Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

Petitioner appeals the judgment denying his petition for post-conviction relief (PCR), assigning error to the PCR court's denial of his motion for a continuance. As explained below, we conclude that the PCR court abused its discretion by denying the motion without affording petitioner an opportunity to make a sufficient record regarding...

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