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STATE v. POSTON

A167302.

482 P.3d 778 (2021)

309 Or. App. 377

STATE of Oregon, Plaintiff-Respondent, v. Latrell Earvin POSTON, Defendant-Appellant.

Court of Appeals of Oregon.

February 18, 2021.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane , Deputy Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Timothy A. Sylwester argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Latrell Poston filed the supplemental brief pro se.

Before Lagesen, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

In this case, we must chart the outer limits of the "law of the case" doctrine and address whether that doctrine or the scope of our prior remand prevents defendant from challenging the validity of his convictions. We conclude that the prudential doctrine of law of the case must give way in this...

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