STATE v. BOOTS

Nos. CC 10-86-07965; CA A67325; SC S39368.

848 P.2d 76 (1993)

315 Or. 572

STATE of Oregon, Petitioner on Review, v. Christopher Blaine BOOTS, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided March 25, 1993.

Reconsideration Denied May 25, 1993.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent on review. With her on the response was Sally L. Avera, Public Defender, Salem.


PETERSON, Justice.

We consider this murder case for the second time on review. The first question presented is whether, in the absence of an express order from an appellate court, a trial court may, on remand, order a limited retrial on the existence of an element of the offense of aggravated murder. If a limited retrial was permissible, the second question presented is whether the trial court erred by instructing the jury that the state, in the first trial, had proved...

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