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CURRY v. HIGHBERGER

A176592 (Control) A176628.

531 P.3d 702 (2023)

326 Or. App. 259

Travis Colby CURRY, Petitioner-Respondent Cross-Appellant, v. Josh HIGHBERGER, Superintendent, Oregon State Correctional Institution, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

June 7, 2023.

Attorney(s) appearing for the Case

Adam Holbrook , Assistant Attorney General, argued the cause for appellant-cross-respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Jedediah Peterson , argued the cause for respondent-cross-appellant. Also on the brief was O'Connor Weber LLC.

Before Aoyagi, Presiding Judge, and Joyce, Judge, and Jacquot, Judge.

In this post-conviction proceeding, defendant, the superintendent of the Oregon State Correctional Institution, appeals from a judgment granting petitioner post-conviction relief. Petitioner was convicted of first-degree assault in connection with an altercation that resulted in the complainant suffering

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