Oregon Supreme Court, 2000

The Oregon Supreme Court held that Wyatt did not preserve his claim that the trial court should have considered a less onerous sanction before excluding his expert witness. It further held that the Court of Appeals could not reach that unpreserved claim merely because the state failed to raise preservation or conceded…

The court vacated the death sentence and remanded for a new penalty-phase proceeding. It held that the defendant could waive ex post facto protection so the jury could consider life imprisonment without parole, that the trial court improperly restricted portions of his unsworn allocution, and that a neuropsychologist…