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STATE v. McKINNEY

(CC 17CR19610) (SC S067558 (Control)), (CC 17CR45148) (SC S067659).

505 P.3d 946 (2022)

369 Or. 325

STATE of Oregon, Respondent on Review, v. Gina Maree MCKINNEY, Petitioner on Review. State of Oregon, Respondent on Review, v. Rocklyn Mitchel Shiffer, Petitioner on Review.

Supreme Court of Oregon.

March 3, 2022.

Attorney(s) appearing for the Case

Bear Wilner-Nugent , Bear Wilner-Nugent Counselor & Attorney at Law, Portland, argued the cause and filed the briefs for petitioner on review Gina Maree McKinney.

Zachary Lovett Mazer , Deputy Public Defender, Office of Public Defense Services, argued the cause and filed the briefs for petitioner on review Rocklyn Mitchel Shiffer. Also on the briefs was Ernest G. Lannet , Chief Defender.

Michael A. Casper , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Flynn, Duncan, Nelson, and Garrett, Justices, and Nakamoto, Senior Judge, Justice pro tempore.

Like the defendant in State v. Owen, 369 Or. 288, 505 P.3d 953 (2022), also decided this day, defendants Shiffer and McKinney were each charged in independent cases with an assault offense requiring proof that the defendant knowingly caused physical injury to another person. Defendant Shiffer opted for a bench trial and argued...

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