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STATE v. MOORE

CC 14CR12536 SC S063946.

390 P.3d 1010 (2017)

361 Or. 205

STATE of Oregon, Plaintiff-Adverse Party, v. Mark Lyle MOORE, aka Mark Lyle Moore, Sr., Defendant-Relator.

Supreme Court of Oregon, En Banc.

March 9, 2017.

Attorney(s) appearing for the Case

Laura Graser , Portland, argued the cause and filed the brief for defendant-relator.

Jennifer S. Lloyd , Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-adverse party. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

In this original proceeding, relator (defendant), who is a defendant in the underlying criminal case, seeks a writ of mandamus directing the trial court to dismiss the indictment against him with prejudice, based on former or double jeopardy under state and federal law. After a jury was impaneled and several witnesses for the state had...

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