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STATE v. WOODMAN

01061305; A120532.

97 P.3d 1263 (2004)

195 Or. App. 385

STATE of Oregon, Appellant-Cross-Respondent, v. Jeremy Leonard WOODMAN, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided September 22, 2004.

Attorney(s) appearing for the Case

David J. Amesbury, Assistant Attorney General, argued the cause for appellant-cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Robin A. Jones, Senior Deputy Public Defender, argued the cause for respondent-cross-appellant. With him on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

The trial court, having entered a judgment convicting defendant of murder, subsequently granted his motion for a new trial. The state appeals, assigning error to the court's conclusion, based on juror affidavits and testimony, that the trial was tainted by irregularity, ORCP 64 B(1), and that the verdict was "against law," ORCP 64 B(5). Defendant conditionally cross-appeals, assigning error to the trial court's refusal to give a requested special jury...

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