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HAYWARD v. PREMO

A159204.

383 P.3d 437 (2016)

281 Or. App. 113

Michael James HAYWARD, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

September 14, 2016.

Attorney(s) appearing for the Case

Daniel J. Casey argued the cause for appellant. With him on the briefs was Kenneth A. Kreuscher.

Timothy A. Sylwester , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Ryan P. Kahn , Assistant Attorney General.

Before Ortega, Presiding Judge, and Egan, Judge, and Lagesen, Judge.

Petitioner, who was convicted of aggravated murder (among other offenses) and sentenced to death, appeals from a judgment dismissing his latest petition for post-conviction relief on the ground that it was untimely and improperly successive, contrary to both ORS 138.510(3), which requires a post-conviction petition to be filed within...

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