Attorney(s) appearing for the Case
Mark Kimbrell, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet, Chief Defender.
Robert M. Wilsey, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.
Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, Garrett, and DeHoog, Justices.
WALTERS, C.J.
ORS 19.420(3), the lost record statute, provides that, when "an appeal cannot be prosecuted" by reason of the loss or destruction of an exhibit or "other matter necessary to the prosecution of the appeal" a reviewing court has discretion to order reversal and remand for a new trial "as justice may require." In this case, defendant...
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