State v. Amini

The majority opinion holds that this case raises a question of state constitutional law and proceeds to decide it on that basis. However, this appeal raises no issue of jury impartiality pursuant to Article I, section 11, of the Oregon Constitution, and can only be rationally decided under the Due Process Clause of the federal constitution.1

Regardless of how it is initially framed, the majority opinion ultimately centers on a federal due process analysis with the majority of its precedent arising out of due process cases. As the court noted in State v. Clark, 291 Or 231, 235 n 4, 630 P2d 810,…