Oregon Appellate Court, February 3, 2021
by: Rankin Johnson • February 5, 2021 • no comments
Summarized by Rankin Johnson, OCDLA
EVIDENCE - Accomplice-witnesses
Error in instructing that a witness was an 'accomplice witness' whose testimony should be viewed with distrust was harmless. Affirmed.
The court agreed with defendant that an accomplice-witness instruction should not be given on request of the state to impeach a state's witness who exculpated the defendant.
Some counts were reversed due to nonunanimous verdicts, even those that merged into nonunanimous verdicts, but the primary conviction, for aggravated murder, remained.
State v. Nelson 309 Or App 1 (February 3, 2021) (Lagesen) (Lane County, Vogt)
DEFENDANT'S STATEMENTS - Promises of lenience
Defendant's statement was not induced by a promise of lenience. Affirmed.
The court explained that the issue was highly fact-dependent.
State v. Pryor 309 Or App 12 (February 3, 2021) (Lagesen) (Lincoln County, Branford)
THEFT OFFENSES - Ownership
As a member of a voluntary unincorporated fire-fighting association, defendant had an ownership interest in the association's property and could not be convicted of stealing it. Reversed.
State v. Peterson 309 Or App 31 (February 3, 2021) (DeHoog) (Grant County, Crowley)
JURY VERDICTS - Unanimity
On reconsideration, acceptance of nonunanimous verdict constituted plain error. Reversed.
State v. Merrill 309 Or App 68 (February 3, 2021) (James) (Multnomah County, Walker)
JURY VERDICTS - Concurrence
Single incident leading to multiple injuries did not require concurrence instruction as to which injury constituted assault. Affirmed.
The court reversed the convictions that were based on nonunanimous verdicts.
State v. Arellano-Sanchez 309 Or App 72 (February 3, 2021) (James) (Washington County, Wipper)
EVIDENCE - Authentication
Recordings made by commercial recording system and copied by jail deputy were adequately authenticated. Affirmed.
The court explained that a recording was authenticated if the proponent offered evidence sufficient to support a finding that the evidence is what its proponent claims. The court reversed the convictions that were based on nonunanimous verdicts.
State v. Barden 309 Or App 87 (February 3, 2021) (James) (Lane County, Kasubhai)
SENTENCING - Departure factors
Trial court erred by including unpled departure factor in judgment, even when the court relied on other factors to depart. Reversed.
The court declined to consider Miranda issue as harmless.
State v. Pusztai 309 Or App 95 (February 3, 2021) (James) (Coos County, Barron)
FAPA, STALKING, AND RESTRAINING ORDERS - Contacts
Repeated nonthreatening contacts with former romantic partner did not support stalking order. Reversed.
H.L.P. v. Jones 309 Or App 108 (February 3, 2021) (Mooney) (Clackamas County, Van Dyk)
SUPERVISION - Geographic restrictions
Sentencing court did not plainly err by imposing probation conditions requiring defendant to obtain permission before traveling to Wallowa County and prohibiting him from traveling to Arizona.
While acknowledging that the restrictions are troublingly broad, the court noted that the trial court had continuing jurisdiction to address probation issues.
State v. Henderson 309 Or App 127 (February 3, 2021) (Kamins) (Lincoln County, Bachart)
CIVIL COMMITMENT - Sufficiency
Respondent's repeated threats, leading to hostile encounters and a violent standoff with the police, were sufficient for involuntary civil committment.
State v. S.S. 309 Or App 131 (February 3, 2021) (Kamins) (Multnomah County, Herranz)
JURY VERDICTS - Unanimity
On reconsideration, acceptance of nonunanimous verdict constituted plain error. Reversed.
State v. Horner 309 Or App 136 (February 3, 2021) (Hadlock) (Lane County, Carlson)
SENTENCING- Merger
Multiple touches to multiple body parts over the course of an hour should merge into a single sexual-abuse conviction. Reversed.
State v. Lasheski 309 Or App 140 (February 3, 2021) (Hadlock) (Deschutes County, Miller)
