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JOHNSON v. PREMO

CC 06C16178, SC S064132.

399 P.3d 431 (2017)

361 Or. 688

Martin Allen JOHNSON, Respondent on Review, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Petitioner on Review.

Supreme Court of Oregon.

August 3, 2017.

Attorney(s) appearing for the Case

Benjamin Gutman , Solicitor General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ellen F. Rosenblum , Attorney General.

Daniel J. Casey , Portland, argued the cause and filed the briefs for respondent on review. Also on the briefs was Robert L. Huggins, Jr.

Jeffrey Erwin Ellis , Portland, filed the brief on behalf of amicus curiae Oregon Criminal Defense Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, and Nakamoto, Justices, and Brewer, Senior Justice pro tempore.

In a two-phased jury trial, petitioner was convicted of aggravated murder and sentenced to death for killing a fifteen-year-old girl, HF. The state's theory of the case was that petitioner had killed HF intentionally in furtherance of, or in an effort to conceal, the commission of sexual offenses against her. This court affirmed his...

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