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STATE v. McDONNELL

(CC J850004; SC SO49368).

176 P.3d 1236 (2007)

343 Or. 557

STATE of Oregon, Plaintiff, v. Michael Martin McDONNELL, Defendant.

Supreme Court of Oregon.

Decided December 19, 2007.

Attorney(s) appearing for the Case

Rankin Johnson, Deputy Public Defender, Salem, argued the cause for defendant. Dan Maloney, Senior Deputy Public Defender, filed the brief for defendant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Kathleen Cegla, Assistant Attorney General, Salem, argued the cause and filed the briefs for plaintiff. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Assistant Attorney General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, and BALMER, Justices.

DURHAM, J.

Defendant appeals from a 2002 judgment imposing a sentence of death upon remand from this court. Defendant previously was convicted for aggravated murder. That judgment is subject to automatic and direct review in this court. ORS 138.012(1). For the reasons that follow, we affirm defendant's sentence of death.

We start with a brief outline of the procedural history of this case. In 1988, trial commenced in Douglas County Circuit Court on a charge...

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