State v. Kelsaw

On October 27, 1972, we affirmed defendant’s two convictions for sale of heroin. State v. Kelsaw, 11 Or App 289, 502 P2d 278 (1972). In that opinion we rejected defendant’s claim that Oregon’s notice of alibi statute, ORS 135.875, was unconstitutional. On November 21, 1972, the Oregon Supreme Court denied defendant’s petition to review our decision. On June 11, 1973, the United States Supreme Court held ORS 135.875 unconstitutional in Wardius v. Oregon, 412 US 470, 93 S Ct 2208, 37 L Ed 2d 82 (1973). On June 18, 1973, the United States Supreme Court granted defendant’s petition for…