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STATE v. McCOOL

990130212; A114814.

188 P.3d 453 (2008)

221 Or. App. 56

STATE of Oregon, Plaintiff-Respondent, v. Joel Matthew McCOOL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2008.

Attorney(s) appearing for the Case

John E. Storkel, Salem, argued the cause and filed the briefs for appellant.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

WOLLHEIM, J.

Defendant was convicted of various crimes following a shooting that injured multiple victims at a crowded New Year's party. On appeal, he argues that the trial court erred in (1) denying his motion for a new trial based on newly discovered evidence; (2) denying his motion to suppress evidence obtained during the execution of a search warrant; (3) admitting a picture of defendant that he believes was prejudicial; (4) "not determining prosecutorial misconduct...

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