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STATE v. KENNEDY

TC 79-12-34399; CA 17729; SC 29394.

666 P.2d 1316 (1983)

295 Or. 260

STATE of Oregon, Respondent On Review, v. Bruce Alan KENNEDY, Petitioner On Review.

Supreme Court of Oregon.

Decided July 6, 1983.

Attorney(s) appearing for the Case

David Frohnmayer, Atty. Gen., Salem, argued the cause and filed the response for the respondent on review. With him on the brief was William F. Gary, Sol. Gen., Salem.

Donald C. Walker, Portland, argued the cause and filed the petition for review.

Rex Armstrong, of Kell, Alterman & Runstein, Portland, filed a brief for amicus curiae American Civil Liberties Union Foundation of Oregon, Inc.

John Henry Hingson III, Oregon City, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Ass'n.

Before LENT, C.J., and LINDE, PETERSON, CARSON and JONES, JJ.

LINDE, Justice.

Convicted of theft, defendant obtained a reversal in the Court of Appeals because his trial followed a mistrial brought on by what the court described as "flagrant overreaching" by the prosecutor. 49 Or.App. 415, 418, 619 P.2d 948 (1980). After this court denied review, 290 Or. 551 (1981), the state obtained a writ of certiorari from the Supreme Court of the United States. The...

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