STATE EX REL. CARLILE v. FROST

SC S43707; CA A94916, SC S44065.

956 P.2d 202 (1998)

326 Or. 607

STATE ex rel. Jason CARLILE, Linn County District Attorney, Plaintiff-Relator, v. Jackson L. FROST, Circuit Court Judge, Linn County, Defendant, and Dallas Ray Stevens, Intervenor. STATE of Oregon, Petitioner on Review, v. Dallas Ray STEVENS, Respondent on Review.

Supreme Court of Oregon.

Decided March 31, 1998.


Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for relator and petitioner on review. With her on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

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


GRABER, Justice.

In these consolidated cases, the state challenges rulings that the trial court made before the start of a penalty-phase proceeding on remand of a death penalty case. We hold that: (1) the state may appeal the trial court's order excluding evidence from defendant's1 third penalty-phase proceeding; (2) the trial court erred in issuing the order excluding evidence; and (3) the state is barred from seeking a writ of mandamus...

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