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Oregon Supreme Court, July 22, 2021

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by: Rankin Johnson • July 30, 2021 • no comments


Summarized by Rankin Johnson, OCDLA

APPELLATE PROCEDURE - Proceedings on remand

Trial court erred, on remand, by making additional findings in support of order denying request for self-representation, rather than holding new trial. Reversed.

A court on remand should consider the appellate court's explicit and implicit instructions, and how the initial error affected the development of the record. In this case, the defendant was not given the opportunity to respond to the trial court's new reasoning.

The court suggested that parties make specific requests and arguments about remand procedure.

Balmer, dissenting, would have held that the trial court acted within its discretion in adopting new reasons for its ruling and denying retrial.

State v. Hightower 368 Or 378 (July 28, 2021) (Nelson, Balmer dissenting) (Multnomah County, Jones)