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Oregon Appellate Court, August 21, 2019

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by: Rankin Johnson IV • August 23, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

APPELLATE PROCEDURE - Disposition following reversal

Trial court's error in taking judicial notice regarding voice-dial technology required a new trial. Reversed and remanded.

The court clarified inconsistent caselaw and explained that, if a guilty verdict in a bench trial was based in part on inadmissible evidence, it was unreasonable to expect a trial judge to reassess the evidence and arrive at a new verdict.

State v. McDougal 299 Or App 96 (August 21, 2019) (Hadlock) (Multnomah County, Ramras)