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STATE v. SHAW

(CC 010331742; SC S51416).

113 P.3d 898 (2005)

338 Or. 586

STATE of Oregon, Appellant/Cross-Respondent, v. Sebastian Alexander SHAW, Respondent/Cross-Appellant.

Supreme Court of Oregon, En Banc.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for appellant/cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Richard L. Wolf, Portland, argued the cause and filed the brief for respondent/cross-appellant.

CARSON, C.J.

The first issue in this criminal case is whether the trial court erred by dismissing with prejudice an indictment charging defendant with aggravated murder after the state refused to proceed with the prosecution because it intended to appeal a pretrial exclusionary ruling that the trial court had made. If the trial court did err by dismissing the indictment with prejudice, then the second issue is whether the trial court erred by excluding the testimony...

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