Garner v. Premo

Petitioner was convicted of two counts of aggravated murder and sentenced to life imprisonment without the possibility of parole. On direct appeal, we reversed the conviction on one of those counts and remanded for entry of a corrected judgment reflecting a conviction on a single count of aggravated murder. State v. Garner, 194 Or App 268, 279, 94 P3d 163, rev den, 337 Or 616 (2004) (Garner I). After an unsuccessful appeal from the judgment on remand, petitioner sought post-conviction relief, which the court granted in part and denied in part. Two aspects of that ruling are pertinent here.…