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STATE v. LAWSON

(CC 03CR1469FE; CA A132640; SC S059234 (Control)); (CF080348; CA A140544; SC S059306).

291 P.3d 673 (2012)

352 Or. 724

STATE of Oregon, Respondent on Review, v. Samuel Adam LAWSON, Petitioner on Review. State of Oregon, Respondent on Review, v. Stanley Dale James, Jr., Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided November 29, 2012.

Attorney(s) appearing for the Case

Daniel J. Casey , Portland, argued the cause and filed the brief for petitioner on review Samuel Adam Lawson. Ryan T. O'Connor, Senior Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review Stanley Dale James, Jr. With him on the brief was Peter Gartlan , Chief Defender.

Anna Marie Joyce , Solicitor General, Salem, argued the cause for respondent on review. With her on the brief were John R. Kroger , Attorney General, and Andrew M. Lavin , Assistant Attorney General.

Ramon A. Pagan , Janet Hoffman & Associates, LLC, Portland, filed a brief on behalf of amicus curiae Oregon Criminal Defense Lawyers Association.

Matthew G. McHenry , Levine & McHenry LLC, Portland, filed a brief on behalf of amicus curiae The Innocence Network.

Marc Sussman , Marc Sussman, P.C., Portland, filed a brief on behalf of amicus curiae College and University Professors Solomon Fulero et al.

Margaret Garvin and Sarah LeClair , Portland, filed a brief on behalf of amicus curiae National Crime Victim Law Institute.

DE MUNIZ, J.

In these two criminal cases consolidated for purposes of opinion, each defendant's conviction was based, for the most part, on eyewitness identification evidence. In State v. Lawson, 239 Or.App. 363, 244 P.3d 860 (2010), the Court of Appeals concluded that, despite the state's use of unduly suggestive pretrial identification procedures, under the test first articulated by this...

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