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STATE v. BUSBY

CC 89-06-1596-C; CA A62705; SC S37685.

844 P.2d 897 (1993)

315 Or. 292

STATE of Oregon, Respondent on Review, v. Haywood Oliver BUSBY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Irene B. Taylor, Salem, filed the petition and argued the cause for petitioner on review. With her on the petition was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the response and argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Klapstein, Asst. Atty. Gen.

FADELEY, Justice.

Following a jury trial in which he did not testify, defendant was convicted of sexual abuse in the first degree. He appeals, claiming that OEC 609 violates his constitutional rights to be heard in his own defense and to trial by an impartial jury. On defendant's appeal, the Court of Appeals affirmed from the bench. State v. Busby, 104 Or.App. 306, 799 P.2d 1155 (1990).

The part of OEC 609 on which defendant bases his constitutional...

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