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STATE v. TUCKER

TC 85-0025; CA A36725; SC S35201, S35208.

768 P.2d 397 (1989)

307 Or. 386

STATE of Oregon, Petitioner/Cross-Respondent On Review, v. Mindi Marie TUCKER, Respondent/Cross-Petitioner On Review.

Supreme Court of Oregon.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for petitioner/cross-respondent on review State of Oregon. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Wayne Mackeson, of Des Connall and Dan Lorenz, P.C., Portland, argued the cause and filed the petition for respondent/cross-petitioner on review Mindi Marie Tucker.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.

PER CURIAM.

The Court of Appeals reversed defendant's conviction of murder and ordered a new trial because the trial court allowed the prosecution to use improperly obtained wiretap evidence for purposes of impeachment. State v. Tucker, 86 Or.App. 413, 740 P.2d 182 (1987). After first denying both parties' petitions for review, we allowed a supplemental...

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