Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-respondent. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.
Jeffrey E. Ellis , Oregon Capital Resource Center, Portland, filed a brief for amici curiae Oregon Capital Resource Center; Oregon Criminal Defense Lawyers Association; and American Civil Liberties Union Foundation of Oregon. With him on the brief were Robert S. Raschio , The Dalles, and Kevin Diaz , Portland.
Before DE MUNIZ, DURHAM, and WALTERS, JUSTICES, HASELTON, Chief Judge, and BREWER, Judge.
Supreme Court of Oregon.
WALTERS, J.
This is an automatic and direct review pursuant to ORS 138.012(1) of sentences of death imposed on defendant after a "penalty phase" trial.1 Defendant raises 33 assignments of error. Five of them merit discussion, specifically, defendant's claims that (1) the adoption of Article I, section 40, of the Oregon Constitution, which, provides that, in specified circumstances, death shall...
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