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STATE v. LAJOIE

CC 10-88-08977; CA A63706; SC S37935.

849 P.2d 479 (1993)

316 Or. 63

STATE of Oregon, Respondent on Review, v. Clinton Keith LAJOIE, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Reassigned April 7, 1993.

Decided April 15, 1993.

Reconsideration Denied May 25, 1993.

Attorney(s) appearing for the Case

Michael V. Phillips, of Johnson, Clifton, Larson & Bolin, P.C., Eugene, argued the cause and filed the petition for petitioner on review.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response brief were Dave Frohnmayer, Atty. Gen., and Virginia Linder, Sol. Gen., Salem.

GILLETTE, Justice.

At issue in this case is whether an accused's failure to give statutorily mandated notice of his intention to offer evidence of the alleged victim's past sexual behavior requires a trial court to refuse to allow the accused to present such evidence at trial and, if it does, whether such a requirement is constitutional. Under the specific facts presented here, we hold that such a failure does so require...

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