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STATE v. MILLS

(CC D100632T; CA A145446; SC S060485).

312 P.3d 515 (2013)

354 Or. 350

STATE of Oregon, Petitioner on Review, v. Kenneth Herbert MILLS, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 17, 2013.

Attorney(s) appearing for the Case

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

Morgen E. Daniels , Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

LANDAU, J.

Article I, section 11, of the Oregon Constitution provides that, among other things, "[i]n all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed." At issue in this case is whether that provision implicitly requires the state to treat the location where the offense was committed as a material allegation, which...

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