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STATE v. BENSON

(CC 17CR32143) (SC S068495).

514 P.3d 491 (2022)

370 Or. 58

STATE of Oregon, Respondent on Review, v. John Virgil BENSON, Petitioner on Review.

Supreme Court of Oregon.

July 14, 2022.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender.

Doug M. Petrina , 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.

After receiving a report that defendant had sexually assaulted B, the police launched an investigation that was subsequently halted. Seven and a half years later, after the case was rediscovered during an "open case" search, a grand jury indicted defendant for first-degree rape (ORS 163.375), second-degree sexual abuse (ORS 163.425),...

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