STATE v. JOHANESEN

CC C890070CR; CA A75601; SC S40671.

873 P.2d 1065 (1994)

319 Or. 128

STATE of Oregon, Petitioner on Review, v. Richard Eric JOHANESEN, Respondent on Review.

Supreme Court of Oregon.

Decided May 26, 1994.


Attorney(s) appearing for the Case

Youlee Yim You, Asst. Atty. Gen., Salem, argued the cause on behalf of petitioner on review. With her on the petition were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Rives Kistler, Asst. Atty. Gen., Salem.

Marc Sussman, Portland, argued the cause and filed a response on behalf of respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.


UNIS, Justice.

In State v. Classen, 285 Or. 221, 232, 590 P.2d 1198 (1979), this court, in the context of a motion by a defendant to suppress photographic identification evidence offered for substantive purposes1 on the ground that it was the product of a suggestive procedure, stated as a matter of evidence law, not constitutional law, that the decision on admissibility...

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