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STATE v. STOKES

(CC040431760; CA A129130; SC S057751).

248 P.3d 953 (2011)

350 Or. 44

STATE of Oregon, Respondent on Review, v. Edward Harvey STOKES, Petitioner on Review.

Supreme Court of Oregon.

Decided March 10, 2011.

Attorney(s) appearing for the Case

Harrison Latto , Portland, argued the cause and filed the briefs for petitioner on review.

Jeremy C. Rice , Assistant Attorney General, Salem, argued the cause for respondent on review. Anna M. Joyce , Deputy Solicitor General, John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General, filed the brief for respondent on review.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

LINDER, J.

In 1996, the state submitted to a grand jury two counts of sexual assault against defendant. The grand jury declined to indict, returning a "not true bill." In 2004, the state obtained court approval to resubmit the 1996 charges to a second grand jury. The state then presented those charges to a grand jury, along with two additional counts of sexual assault of a second victim. The second grand jury indicted defendant on all four counts. After a jury trial...

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