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STATE v. ARNOLD

CC C90-11-36757; CA A70340; SC S40291.

879 P.2d 1272 (1994)

320 Or. 111

STATE of Oregon, Petitioner on Review, v. Debra Lynn ARNOLD, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided September 15, 1994.

Attorney(s) appearing for the Case

Brenda JP Rocklin, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With her on the petition were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Douglas F. Zier, Asst. Atty. Gen., Salem.

Susan Elizabeth Reese, of Reese & Goffredi, Portland, argued the cause and filed the response for respondent on review.

VAN HOOMISSEN, Justice.

The issue in this criminal case is whether the trial court erred in denying defendant's post-trial motion for a new trial. More specifically, we are called on to consider how ORCP 64 B(4),1 a rule that allows a trial court to order a new trial based on "newly discovered" evidence, applies to evidence discovered during trial. The Court of Appeals held that the trial court erred in denying defendant's motion...

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