State v. Wagner

*7PETERSON, C. J.

In an earlier appeal of this aggravated murder case, this court affirmed the defendant’s death sentence. State v. Wagner, 305 Or 115, 752 P2d 1136 (1988). The defendant petitioned to the Supreme Court of the United States for a writ of certiorari. The Supreme Court vacated the judgment and remanded the case to this court “for further consideration in light of Penry v. Lynaugh, 492 US_(1989).” Wagner v. Oregon, 492 US_, 109 S Ct 3235, 106 L Ed 2d 583 (1989).

As directed by the Supreme Court, we have reconsidered our earlier decision in light of Penry v. Lynaugh, 492 US_, 109 S Ct…