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STATE v. BLACK

A172621.

504 P.3d 691 (2022)

317 Or. App. 181

STATE of Oregon, Plaintiff-Respondent, v. Johnathan Richard BLACK, Defendant-Appellant.

Court of Appeals of Oregon.

January 26, 2022.

Attorney(s) appearing for the Case

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

Jordan R. Silk , Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kistler, Senior Judge.

This criminal case is before us a second time. We affirmed the first time we saw it, but the Supreme Court reversed, concluding that the trial court erred when it excluded testimony from a defense expert on the ground that the testimony would be impermissible vouching testimony. State v. Black, 364 Or. 579, 437 P.3d 1121 (2019...

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