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STATE v. McDONNELL

(CC J8500004; SC S41231)

987 P.2d 486 (1999)

329 Or. 375

STATE of Oregon, Respondent, v. Michael Martin McDONNELL, Appellant.

Supreme Court of Oregon.

Resubmitted June 11, 1998.

Decided October 7, 1999.

Reconsideration Denied December 21, 1999.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Sally L. Avera, Public Defender.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for respondent. With her on the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General.

Before CARSON, Chief Justice, GILLETTE, VAN HOOMISSEN, DURHAM, and LEESON, Justices.

DURHAM, J.

Defendant appeals from a judgment that imposed a sentence of death following his conviction for aggravated murder. The judgment is subject to automatic review in this court. ORS 163.150(1)(g). For the reasons that follow, we vacate the sentence of death and remand this case to the circuit court for further penalty phase proceedings.

Defendant assigns error to the circuit court's refusal to permit the jury, under ORS 163.150(5)(a) (1993) (quoted...

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