State v. Boots

The majority holds that a limited retrial was not prohibited by State v. Boots, 308 Or 371, 780 P2d 725 (1989) (Boots I), and did not violate defendant’s statutory or state or federal constitutional rights to a fair and impartial trial by jury, defendant’s statutory or state or federal constitutional protections against. double jeopardy, or other related procedural guarantees to which defendant was entitled. Moreover, in remanding this case to the circuit court for a retrial because of prejudicial instructional error, the majority holds that a limited retrial is permissible. Those holdings…