Montez v. Czerniak

Petitioner seeks reconsideration of this court’s decision in Montez v. Czerniak, 355 Or 1, 322 P3d 487 (2014), a post-conviction relief case in which we affirmed both the Court of Appeals decision and the post-conviction judgment below. In seeking reconsideration, petitioner takes exception to our holding as to the disclosure of petitioner’s previous death sentence at his penalty phase retrial, as well as various aspects of our analysis regarding omitted expert mitigation evidence. With regard to those arguments, we affirm our previous decision without further discussion.

Petitioner has…