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STATE v. SKOTLAND

(CC 19CR77935) (SC S070410).

549 P.3d 534 (2024)

372 Or. 319

STATE of Oregon, Petitioner on Review, v. Jeffery Jerald SKOTLAND, Respondent on Review.

Supreme Court of Oregon, En Banc.

May 16, 2024.

Attorney(s) appearing for the Case

Jordan R. Silk, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Stacy M. Du Clos, Deputy Public Defender, Oregon Public Defense Commission, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet, Chief Deputy Defender, Criminal Appellate Section.

In this criminal case, we consider the efficacy of "preemptive objections"—that is, objections made to an anticipated future action by opposing counsel—to preserve an issue for appeal. Defendant raised a preemptive objection prior to closing arguments, contending that the state should not be permitted to make "burden-shifting...

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