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CLARK v. NOOTH

A155558.

395 P.3d 32 (2017)

284 Or.App. 762

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

Court of Appeals of Oregon.

April 12, 2017.

Attorney(s) appearing for the Case

Bear Wilner-Nugent , Portland, argued the cause and filed the briefs for appellant.

Rebecca M. Auten , Assistant Attorney General, argued the cause for respondent. On the brief were Frederick M. Boss , Deputy Attorney General, Anna M. Joyce , Solicitor General, and Kathleen Cegla , Assistant Attorney General.

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

In this post-conviction case, petitioner seeks relief from his conviction for first-degree rape, ORS 163.375. On appeal, petitioner assigns error to the post-conviction court's denial of two claims for relief that are based on the allegation that petitioner was restrained by a leg brace during his criminal trial without findings...

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