Oregon Appellate Court, April 8, 2020

by: Rankin Johnson • April 10, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Firearm minimum

Trial court did not err in imposing firearm minimum on non-primary offense. Affirmed.

The court explained that it rejected defendant's argument because it misstated the court's decisions. The court also held that defendant was not entitled to a mistrial when, during closing, the prosecutor argued that the presumption of innocence no longer applied.

State v. Pouncey 303 Or App 365 (April 8, 2020) (Ortega) (Washington County, Erwin)

JURY INSTRUCTIONS - Instructions supporting defense theory

Trial court did not err in declining to give impossibility instruction, because the facts did not support it. Affirmed.

The court also held that, in the case of Failure to Perform the Duties of a Driver, restitution is not reduced by comparative fault.

State v. Whiteside 303 Or App 427 (April 8, 2020) (Powers) (Yamhill County, Stone)

EVIDENCE - Hearsay and unavailability

State's repeated efforts to contact the victim were sufficient to establish her unavailability, such that her out-of-court statements were admissible as excited utterances. Affirmed.

State v. Belden 303 Or App 438 (April 8, 2020) (Mooney) (Multnomah County, Bushong)

RIGHT TO COUNSEL - Inquiry following defendant's complaint

Trial court erred by failing to investigate defendant's complaints about appointed counsel. Reversed and remanded.

The court explained that, on remand, the court should inquire into defendant's complaints and order a new trial if it should have replaced counsel in response to defendant's request.

State v. Omar 303 Or App 448 (April 8, 2020) (Mooney) (Multnomah County, Hodson)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. Harris 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)

XXX INSTRUCTIONS - Confusion of the jury

In assault trial court did not err in declining to give jury instructions defining "substantial pain" and "impairment of physical condition." Affirmed.

State v. XXX 303 Or App XXX (April 8, 2020) (XXX) (XXX County, XXX)