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STATE v. PRATT

CC 86-00328-CR; SC S38102.

853 P.2d 827 (1993)

316 Or. 561

STATE of Oregon, Respondent, v. Jesse Clarence PRATT, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause and filed the briefs for appellant. With him on the briefs were Sally L. Avera, Public Defender, and Diane L. Alessi, Deputy Public Defender, Salem.

Virginia L. Linder, Sol. Gen., and Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause and filed the briefs for respondent. With them on the briefs were Theodore R. Kulongoski, Atty. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem.

Michael D. Schrunk, Multnomah County Dist. Atty., John C. Bradley, Deputy Dist. Atty., and David L. Hattrick, Deputy Dist. Atty., Portland, filed a brief for amicus curiae Michael D. Schrunk, Multnomah County Dist. Atty.

Tom Ryan, Portland, and Hubert Duvall, Jr., Eugene, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Assn.

GILLETTE, Judge.

This criminal case is before this court on automatic and direct review of a judgment of conviction and sentence of death for two counts of aggravated murder. It is the second time that the case has been before us. This court previously reversed defendant's initial conviction and sentence of death and remanded for a new trial. State v. Pratt, 309 Or. 205, 785 P.2d 350 (1990)....

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