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STATE v. RUNNING

CC 9802-31142; SC S47842.

87 P.3d 661 (2004)

336 Or. 545

STATE of Oregon, Respondent, v. Eric Walter RUNNING, Appellant.

Supreme Court of Oregon, En Banc.

Decided April 8, 2004.

Attorney(s) appearing for the Case

Eric Johansen, Deputy Public Defender, Salem, argued the cause for appellant. David E. Groom, Acting Executive Director and Mary M. Reese, Senior Deputy Public Defender, filed the brief for appellant.

Timothy A. Sylwester, Attorney-in-Charge Collateral Remedies and Post-Conviction Unit, Salem, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Jennifer S. Lloyd, Assistant Solicitor General, and Kathleen Cegla, Assistant Attorney General.

De MUNIZ, J.

This case is before the court on automatic and direct review of a judgment of conviction and sentence of death. ORS 138.012(1); ORAP 12.10(1); State v. Lotches, 331 Or. 455, 457 n. 1, 17 P.3d 1045 (2000). Defendant seeks reversal of his convictions for two counts of aggravated murder involving two victims and one count of felon in possession of a firearm. In the alternative, defendant...

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