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STATE v. AMINI

(CC 94-01-30513; CA A88710; SC S45699)

15 P.3d 541 (2000)

331 Or. 384

STATE of Oregon, Petitioner on Review, v. Dariush David AMINI, Respondent on Review.

Supreme Court of Oregon.

Decided December 14, 2000.

Attorney(s) appearing for the Case

Ann Kelley, Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Louis R. Miles, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was David E. Groom, State Public Defender.

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

LEESON, J.

The issue in this criminal proceeding is whether a jury instruction advising the jury of the consequences of a finding that defendant was guilty except for insanity violated defendant's right to trial by an impartial jury under Article I, section 11, of the Oregon Constitution. The Court of Appeals held that it did. State v. Amini, 154 Or.App. 589, 963 P.2d 65 (1998). For the...

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