Oregon Appellate Court, August 21, 2019
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by: Rankin Johnson • 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)
