State v. Leistiko

Summary

The Oregon Supreme Court allows the defendant's petition for reconsideration in State v. Leistiko and adheres to its prior opinion as modified. The court clarifies that the defendant had raised suppression and jury-unanimity issues in his petition for review but pursued only the uncharged-misconduct evidence issue on the merits, and declines to consider for the first time on reconsideration whether that evidence affected convictions other than the rape convictions.

Holdings

1. The court may modify its prior opinion on reconsideration to clarify that defendant raised the suppression and jury-unanimity issues in his petition for review but did not pursue them in his merits briefing.
2. The court will not address an argument raised for the first time in a petition for reconsideration.

Questions Presented

1. Whether the prior opinion should be modified to clarify that defendant had raised suppression and jury-unanimity issues in his petition for review but had not pursued those issues in his merits briefing.
2. Whether the court should consider on reconsideration defendant's argument that the erroneous admission of uncharged-rape evidence affected convictions other than the two first-degree rape convictions.

Disposition

other