Attorney(s) appearing for the Case
Robin A. Jones, Senior Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender.
David J. Amesbury, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Supreme Court of Oregon, En Banc.
BALMER, J.
This criminal case presents two issues: (1) whether the trial court erred in ordering a new trial based on juror affidavits, and (2) whether the trial court's jury instructions as to the mental state required to convict defendant of murder were erroneous.
A jury convicted defendant of murder. Defendant moved for a new trial and submitted affidavits from two jurors to demonstrate that the jurors were confused about the law when they convicted defendant...
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