STATE of Oregon, Respondent on Review,
v.
Jon Norman BERG, Petitioner on Review.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted January 14, 2009.
Decided July 30, 2009.
Attorney(s) appearing for the Case
Bronson D. James, Deputy Public Defender, Salem, argued the cause for petitioner on review. The brief was filed by Eric Johansen, Senior Deputy Public Defender, and Peter Gartlan, Chief Defender, Office of Public Defense Services.
Pamela J. Walsh, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Supreme Court of Oregon, En Banc.
GILLETTE, J.
This case is a companion to State v. Bailey,346 Or. 551, 213 P.3d 1240 (2009), decided this date. As does the defendant in Bailey, defendant in this case challenges his conviction for "tampering with a witness," ORS 162.285(1)(a), on the theory that that statute applies only when an official proceeding is pending at the time of the tampering conduct—a circumstance...
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