State v. Looper

The state petitions for reconsideration of our previous decision. 76 Or App 231, 708 P2d 1190 (1985). We held that the trial court’s failure to give the jury a written or electronically recorded copy of the jury instructions for its use during deliberation did not satisfy ORCP 59B 2 and was reversible error. We also held that the trial court’s informing the jury that it could request to have the recorded instructions played back in the courtroom during its deliberation did not satisfy the rule and that the mandatory language of ORCP 59B required strict compliance.

In its petition, the state,…