STATE v. HARBERTS

(CC 89-0557; SC S41741)

11 P.3d 641 (2000)

331 Or. 72

STATE of Oregon, Respondent, v. Scott Dean HARBERTS, Appellant.

Supreme Court of Oregon.

Decided September 14, 2000.


Attorney(s) appearing for the Case

Eric Cumfer, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief were Sally Avera, Public Defender, and David Groom, Deputy Public Defender.

Robert B. Rocklin, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General.

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


LEESON, J.

This is an automatic and direct review of a judgment of conviction and a sentence of death. Former ORS 163.150(1)(g) (1993), renumbered as ORS 138.012(1); ORAP 12.10(1). Defendant seeks reversal of his conviction on three counts of aggravated murder for the death of a young child. ORS 163.095; ORS 163.115. Defendant was arrested and placed in jail on July 14, 1989. His trial did not begin until July 12, 1994, nearly five years later. Under...

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