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STATE v. BRUMWELL

(CC 04C46225) (SC S068918).

507 P.3d 258 (2022)

369 Or. 462

STATE of Oregon, Plaintiff-Appellant, v. Jason Van BRUMWELL, Defendant-Respondent.

Supreme Court of Oregon.

March 31, 2022.

Attorney(s) appearing for the Case

Jennifer S. Lloyd , Assistant Attorney General, Salem, filed the motion for appellant. Also on the motion were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Ernest G. Lannet , Chief Defender, Office of Public Defense Services, Salem, filed the response to the motion for respondent.

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

This criminal case is before us on the state's motion to determine whether it may appeal a trial court order that granted defendant's motion to preclude imposition of the death penalty and, if so, whether the appeal must be brought in this court or the Court of Appeals. For the reasons we explain below, we hold that the state may appeal...

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