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SMITH v. KELLY

A173925.

508 P.3d 77 (2022)

318 Or. App. 567

Ronnie Scott SMITH, aka Ronnie Scott Medinger, Petitioner-Appellant, v. Brandon KELLY, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

March 30, 2022.

Attorney(s) appearing for the Case

Jedediah Peterson and O'Connor Weber LLC filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Rebecca M. Auten , Assistant Attorney General, filed the brief for respondent.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Joyce, Judge.

In 2015, in a case tried to a jury in Multnomah County, petitioner was convicted of first-degree rape and first-degree sexual abuse. The law at the time, and for 43 years prior, permitted criminal convictions by non-unanimous juries in cases tried in state courts. So, without objection from petitioner's lawyer, the trial court instructed...

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