STATE v. BLAIR

(CC 042431; CA A130455; SC S057796).

228 P.3d 564 (2010)

348 Or. 72

STATE of Oregon, Respondent on Review, v. Michael James BLAIR, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided March 25, 2010.


Attorney(s) appearing for the Case

Andrew S. Chilton, Chilton & Galli, LLC, Portland, argued the cause and filed the briefs for petitioner on review.

Susan G. Howe, Senior Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.


DE MUNIZ, C.J.

Defendant petitions for review from a Court of Appeals opinion affirming his conviction for, among other crimes, felony murder.1 The Court of Appeals concluded that the felony murder statute, ORS 163.115(1)(b), does not require that the state allege and prove that a defendant acted with a culpable mental state in causing the victim's death; rather, the defendant's commission or attempted commission of the underlying felony...

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