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STATE v. BLAKE

No. 79-7-322; CA 17577; SC 28134.

640 P.2d 605 (1982)

292 Or. 486

STATE of Oregon, Respondent On Review, v. Michael Edward BLAKE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 10, 1982.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition for review and brief was Gary Babcock, Public Defender, Salem.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With her on the brief were James H. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen. and William F. Gary, Deputy Sol. Gen., Salem.

DENECKE, Chief Justice.

We granted defendant's petition for review to determine whether a portion of Oregon's Rape Shield Law (ORS 163.475) violated Section 10, Art. I, of the Oregon Constitution, which provides: "No court shall be secret, but justice shall be administered, openly * * *," and Section 11 which provides that the accused has the right to a public trial. ORS 163.475, as it existed at the time of the trial of this case, provided that in a rape prosecution...

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