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STATE v. WAGNER

CC 85061212; SC S32635.

786 P.2d 93 (1990)

309 Or. 5

STATE of Oregon, Respondent, v. Jeffrey Scott WAGNER, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 11, 1990.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, argued the cause for appellant. With him on memoranda in response to the court's questions were Sally L. Avera, Acting Public Defender, and John P. Daugirda, Deputy Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the memorandum in response to the court's questions were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Rives Kistler, and Brenda J Peterson, Asst. Attys. Gen., Salem.

PETERSON, Chief Justice.

In an earlier appeal of this aggravated murder case, this court affirmed the defendant's death sentence. State v. Wagner, 305 Or. 115, 752 P.2d 1136 (1988). The defendant petitioned to the Supreme Court of the United States for a writ of certiorari. The Supreme Court vacated the judgment and remanded the case to this court "for further consideration in light of Penry...

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