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STATE v. NEWMAN

(CC 0805-32364; CA A142837; SC S060182).

302 P.3d 435 (2013)

353 Or. 632

STATE of Oregon, Respondent on Review, v. James Robert NEWMAN, Petitioner on Review.

Supreme Court of Oregon.

Decided May 31, 2013.

Attorney(s) appearing for the Case

Jesse Wm. Barton , Salem, argued the cause and filed the briefs for petitioner on review.

Rolf Moan , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

J. Kevin Hunt , Oregon City, filed the brief for amicus curiae the Sleep Disordered.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

BALDWIN, J.

Defendant was convicted of felony driving under the influence of intoxicants (DUII), ORS 813.010. At trial, defendant sought to introduce evidence that he suffers from a sleepwalking disorder and was "sleep driving" at the time he was stopped in his vehicle.1 Defendant argued he did not voluntarily drive his vehicle, an element of proof necessary to establish criminal liability for DUII. The trial court excluded defendant's...

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