Opinion
SC 29847
Argued and submitted September 7, 1983.
Ballot title certified as modified September 27, 1983.
In Banc
On petition to review ballot title certified by David B. Frohnmayer, Attorney General.
Norman J. Smith, Portland, argued the cause and filed the petition for petitioner.
William F. Nessley, Assistant Attorney General, Salem, argued the cause for respondent. Michael D. Reynolds, Assistant Attorney General, Salem, filed the answering memorandum for respondent. With him on the answering memorandum were Dave Frohnmayer, Attorney General, William F. Gary, Deputy Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Intervenor Stephen Kanter, Portland, filed an Intervenor's Memorandum, pro se.
PER CURIAM
Ballot title certified as modified.
This petition concerns the same ballot title as we examined in Clark v. Paulus, 295 Or. 673, 669 P.2d 794 (1983). Petitioner Streich's proposed ballot title differs from that proposed by the Attorney General only in the wording of the question. She proposes the question read as follows: "Shall the aggravated murder penalty be death upon certain findings by the jury, and be mandatory imprisonment otherwise?" Our decision in Clark v. Paulus, supra, and the reasoning therein, controls in this case also.
Ballot title certified as modified in Clark v. Paulus, supra.