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JACKSON v. FRANKE

(SC S064876).

434 P.3d 350 (2019)

364 Or. 312

Melton J. JACKSON, Jr., Petitioner on Review, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Respondent on Review.

Supreme Court of Oregon.

January 31, 2019.

Attorney(s) appearing for the Case

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

Rebecca M. Auten , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Nelson, and Garrett, Justices.

Petitioner in this post-conviction proceeding was tried on charges of first-degree sexual abuse and first-degree sodomy in 2001. At trial, petitioner's counsel did not object to certain testimony, and controlling case law at that time from the Court of Appeals held that such testimony was admissible. In 2009, however, the Supreme Court...

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