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This case is before us on remand from the United States Supreme Court. In our prior decision, court vacated defendant's death sentence and remanded his case to the trial court for a new sentencing proceeding. State v. Guzek, 336 Or 424, 86 P3d 1106 (2004) (Guzek III). In doing so, court addressed not only the issue that required (as the state conceded) remand for a new trial, but also several issues of law that defendant had raised and that we concluded were likely to arise on retrial. One of those issues involved the admissibility of certain "alibi" evidence at defendant's sentencing. Court held that the Eighth Amendment to the United States Constitution provided defendant with the right to introduce that evidence during the penalty phase of his trial. The State of Oregon petitioned for a writ of certiorari from the United States Supreme Court concerning that determination and, on review, the Court subsequently vacated our decision in Guzek IIIand remanded the case to us for further proceedings not inconsistent with its opinion. Oregon v. Guzek, 546 US 517, 126 S Ct 1226, 163 L Ed 2d 1112 (2006). The parties have provided further briefing on the question, and court now are able to announce ruling.

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