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State v. Moore

Summarized by: 

Date Filed: 02-27-2014
Case #: S060134A
Per Curiam
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/S060134A.pdf

Appellate Procedure: When the Court of Appeals does not consider all alternative bases for affirmance, the Supreme Court can remand the case back to the Court of Appeals for reconsideration.

Defendant asked the Supreme Court for reconsideration in its decision when it reversed the Court of Appeals decision and ordered a remand to the Circuit Court for further proceedings. The Supreme Court did not address the other issues raised by Defendant on the merits. However, the Court did agree that the issues that were not addressed by the Court of Appeals in the first instance should be remanded back to the Court of Appeals instead of the Circuit Court. Petition for reconsideration allowed; former opinion adhered to as modified.