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Thread: Marco Antonio Montez - Oregon Death Row

  1. #1
    Join Date
    Oct 2010

    Marco Antonio Montez - Oregon Death Row

    Facts of the Crime:

    On June 21, 1987, along with co-defendant Timothy L. Aikens, Montez raped, sodomized and strangled Candice Straub, 26.

    Montez was first sentenced to death on June 16, 1988. He was eventually re-sentenced to death on August 24, 1992.

    Aikens was sentenced to life imprisonment.

  2. #2
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Montez v. Czerniak

    Petitioner Marco Montez sought review of an appellate court decision that denied him post-conviction relief. The post-conviction court had rejected Petitioner's claim that he received ineffective assistance of counsel during the penalty phase retrial proceeding that resulted in him receiving the death penalty. In his petition for reconsideration, Petitioner contended that one of the Justices on the Supreme Court should not have participated in the decision to deny review of the appellate court's decision. Petitioner pointed out that the Justice in question served on the Court of Appeals at the time of his appeal, and that the then-judge recused himself from considering Petitioner's appeal. Though the record in this case provided no explanation for the judge's decision to recuse himself from considering Petitioner's post-conviction appeal at the Court of Appeals, the Judge/Justice recused himself from the Supreme Court's review of Petitioner's appeal. As such, the Court concluded that Petitioner's arguments about the Justice's previous participation in the Court's decision to deny review was made moot. The Court subsequently allowed Petitioner's petition for reconsideration.

  3. #3
    Senior Member CnCP Legend JLR's Avatar
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    Mar 2011
    Oral arguments are scheduled for the 11th of July 2012.


  4. #4
    Administrator Moh's Avatar
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    Oct 2010
    On March 20, 2014, the Oregon Supreme Court DENIED Montez's post-conviction-relief appeal.


    On September 30, 2014, Montez filed a habeas petition in Federal District Court.


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