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Oregon Supreme Court, December 24, 2020

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by: Rankin Johnson • December 28, 2020 • no comments


Summarized by Rankin Johnson, OCDLA

JURY TRIALS - Unanimity

Nonunanimous verdict on one count does not invalidate unanimous verdict on other counts. Court of Appeals affirmed in part and reversed in part.

The court further held that giving an erroneous instruction, that a nonunanimous verdict would be valid, was not federal structural error. Accordingly, it was reversible only upon a showing of harm, such as a nonunanimous verdict. The court reversed the nonunanimous verdict and affirmed the unanimous verdicts.

State v. Flores Ramos 367 Or 292 (December 24, 2020) (Garrett) (Clackamas County, Van Dyk)

JURY TRIALS - Unanimity

Lacking a jury poll, error in instructing jury that it could return a nonunanimous verdict was not reviewable as plain error. Affirmed.

State v. Dilallo 367 Or 340 (December 24, 2020) (Nelson) (Lane County, Kasubhai)