State of Oregon, Respondent v. Dayton Leroy Rogers, Appellant

Summary

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 was qualified to testify about possible causes of his frontal-lobe dysfunction. The court rejected the remaining assignments or declined to address issues unlikely to recur.