State v. Rogers

This is an automatic and direct review pursuant to ORS 138.012(1) of sentences of death imposed on defendant after a “penalty phase” trial. Defendant raises 33 assignments of error. Five of them merit discussion, specifically, defendant’s claims that (1) the adoption of Article I, section 40, of the Oregon Constitution, which, provides that, in specified circumstances, death shall be the penalty for aggravated murder, violated the “separate vote” requirement of Article XVII, section 1, of the Oregon Constitution; (2) the so-called “third question,” which asks whether defendant’s conduct was…