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STATE v. PIERCE

C100480CR, C100906CR; A146946 (Control), A146947.

333 P.3d 1069 (2014)

263 Or. App. 515

STATE of Oregon, Plaintiff-Respondent, v. Jamie Ray PIERCE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 11, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Mary M. Reese , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General, filed the brief for respondent.

Before NAKAMOTO, Presiding Judge, and DeVORE, Judge, and SCHUMAN, Senior Judge.

DEVORE, J.

Defendant appeals judgments of conviction for first-degree burglary, ORS 164.225, and first-degree theft, ORS 164.057, assigning as error the denial of his motion to suppress evidence of stolen goods. He argues that the judge who issued the search warrants was not "neutral and detached," as required by the Oregon and federal constitutions, because the judge had been an attorney who had represented defendant in...

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