KINKEL v. PERSSON

(CC 13C13698; SC S063943).

417 P.3d 401 (2018)

363 Or. 1

Kipland Philip KINKEL, Petitioner on Review, v. Rob PERSSON, Superintendent, Oregon State Correctional Institution, Respondent on Review.

Supreme Court of Oregon.

May 10, 2018.


Attorney(s) appearing for the Case

Andy Simrin , Andy Simrin PC, Portland, argued the cause and filed the brief for petitioner on review.

Paul L. Smith , Deputy Solicitor General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Frederick M. Boss , Deputy Attorney General, and Benjamin Gutman , Solicitor General.

Before Balmer, Chief Justice, and Kistler, Walters, Nakamoto, and Flynn, Justices, and Landau, Senior Justice, Justice pro tempore, and Egan, Chief Judge of the Oregon Court of Appeals, Justice pro tempore.


Petitioner pled guilty to four counts of murder and 25 counts of attempted murder, as well as pleading no contest to a twenty-sixth count of attempted murder. As part of a plea bargain, petitioner and the state agreed that he would receive concurrent 25-year sentences for the four murders. They also agreed that each side would be free...

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