Montez v. Czernaik

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Post-Conviction Relief
  • Date Filed: 06-12-2014
  • Case #: S059138
  • Judge(s)/Court Below: Per Curium
  • Full Text Opinion

A petition for reconsideration is allowed to correct an error of misidentified witnesses in a previous opinion.

Montez sought reconsideration of the Court’s previous decision in a post-conviction relief case. The Supreme Court affirmed their previous decision regarding disclosure of Montez’s death sentence at his penalty phase retrial, and the court’s decision regarding mitigation of evidence. Montez also noted that inmate witnesses were incorrectly identified in the former opinion. The Court held that the petition for reconsideration is allowed to correct the error of misidentified witnesses in the former opinion.

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