A Book from the Library of Defense

Oregon Supreme Court, February 25, 2021

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by: Rankin Johnson • February 25, 2021 • no comments


Summarized by Rankin Johnson, OCDLA

RIGHT TO JURY - Votes necessary to acquit

A jury in a felony case may acquit with votes of 10-2 and 11-1. Peremptory writ to issue.

The court explained that recent changes in federal law, requiring unanimous verdicts for conviction, do not affect Oregon law permitting acquittal by a nonunanimous verdict. The court further explained that mandamus was appropriate because an appeal would provide a lesser remedy.

State v. Ross 367 Or 560 (February 25, 2021) (Nakamoto) (Washington County, Erwin)

EVIDENCE - Inadmissible evidence

Prosecutor may not inform jury that the rules of evidence will prevent the jury from learning all the facts. Reversed.

State v. Banks 367 Or 574 (February 25, 2021) (Duncan) (Multnomah County, Bottomly)