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COX v. PREMO

A158581.

440 P.3d 81 (2019)

297 Or. App. 302

David Lee COX, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

May 1, 2019.

Attorney(s) appearing for the Case

Daniel J. Casey , Beaverton, argued the cause for appellant. Also on the briefs was Kenneth A. Kreuscher . David Lee Cox filed the supplemental brief pro se.

Ryan Kahn , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, Jonathan Schildt , Assistant Attorney General, and Andrew Lavin , Assistant Attorney General.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

Petitioner, an inmate at Oregon State Penitentiary (OSP), was convicted of aggravated murder and possessing a weapon in a correctional institution, ORS 163.095(2)(b); ORS 166.275, for the fatal prison-yard stabbing of Davis, another inmate. Petitioner was sentenced to death and, on direct review, the Supreme Court affirmed those convictions...

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