DAVIS v. KELLY

A163243.

461 P.3d 1043 (2020)

303 Or.App. 253

Michael Andre DAVIS, Petitioner-Appellant, v. Brandon KELLY, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

April 1, 2020.


Attorney(s) appearing for the Case

Andy Simrin argued the cause for appellant. Also on the opening brief were Andy Simrin PC and Peter B. Fahy . Also on the reply brief on cross-assignment of error was Andy Simrin PC.

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

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.


Petitioner was sentenced to death for the murder of two people. In this post-conviction proceeding, the post-conviction court granted post-conviction relief as to the penalty phase of petitioner's case but denied relief as to the guilt phase. With regard to the guilt phase, the post-conviction court concluded that trial counsel performed...

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