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STATE v. BAILEY

(CC 200406042A; CA A126255; SC S056152).

213 P.3d 1240 (2009)

346 Or. 551

STATE of Oregon, Respondent on Review, v. Kenneth Wayne BAILEY, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided July 30, 2009.

Attorney(s) appearing for the Case

Bronson D. James, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defender Services.

Pamela J. Walsh, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rankin Johnson IV, Portland, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Association.

GILLETTE, J.

This is one of two cases that we decide today involving a defendant's challenge to a conviction under ORS 162.285 for "tampering with a witness." Both cases involve the same analytical question: Can a person commit the crime of "tampering with a witness," under ORS 162.285(1)(a), which involves inducing "a witness or a person the person believes may be called as a witness in any official proceeding" to withhold testimony, when no "official proceeding...

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