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STATE v. COLLINS

CR9911591; A147269.

300 P.3d 238 (2013)

256 Or. App. 332

STATE of Oregon, Plaintiff-Respondent, v. Jeffrey James COLLINS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 17, 2013.

Attorney(s) appearing for the Case

Eric Johansen , Senior Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Andrew M. Lavin , Assistant Attorney General, argued the cause for respondent. With him on the answering brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General. With him on the supplemental brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and NAKAMOTO, Judge, and DE MUNIZ, Senior Judge.

DE MUNIZ, S.J.

In this criminal case, we review the trial court's order denying defendant's motion in limine to exclude eyewitness identification evidence. In denying the motion, the trial court determined that a pretrial photographic lineup was not unduly suggestive under the test set out in State v. Classen, 285 Or. 221, 590 P.2d 1198 (1979). Following the pretrial hearing, defendant...

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