STATE v. ROBERTI

CA 18838; SC 27840.

693 P.2d 27 (1984)

298 Or. 412

STATE of Oregon, Petitioner On Rehearing/Respondent On Review, v. Gary Patrick ROBERTI, Respondent On Rehearing/Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided December 28, 1984.


Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause and filed petition for petitioner on rehearing/respondent on review. With her on the petition were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

J. Michael Alexander, Salem, argued the cause for respondent on rehearing/petitioner on review.


PER CURIAM.

This case is before us on remand from the Supreme Court of the United States, Oregon v. Roberti, 468 U.S. ___, 104 S.Ct. 3574, 82 L.Ed.2d 873 (1984), for reconsideration in light of that court's recent decision in Berkemer v. McCarty, 468 U.S. ___, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984). The question arises under the Fifth and Fourteenth Amendments of the federal constitution.1 The issue is whether defendant's...

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