Oregon Appellate Court, March 17, 2021
by: Rankin Johnson • March 17, 2021 • no comments
Summarized by Rankin Johnson, OCDLA
SUFFICIENCY OF EVIDENCE - Ownership
Any reasonable finder of fact would conclude that plaintiff owned truck to which he held valid DMV title. Reversed.
Sova v. Vital Auto Brokers 310 Or App 1 (March 17, 2021) (Armstrong) (Multnomah County, Skye)
RIGHT TO JURY TRIAL - Unanimity
A Class-B misdemeanor jury verdict must be unanimous. Reversed.
State v. Heine 310 Or App 14 (March 17, 2021) (Lagesen) (Benton County, Connell)
EVIDENCE - Victim's sexual history
Evidence that 13-year-old victim of sex offenses had not been a virgin was not admissible to demonstrate that she learned about sex other than from the defendant. Affirmed.
The court declined to consider whether trial court should have, sua sponte, ordered a mistrial when the prosecutor argued in rebuttal "if you determine that [defendant] should not reside with an adolescent girl, that’s your moral certainty.
Finally, the court held that the court did not abuse its discretion in not permitting defense counsel to question jurors when one of the jurors said that the verdict was reached when the jurors were tired.
James, dissenting, would have exercised discretion to review the closing-argument issue, and reversed. He decried prosecutorial overcharging, and suggested that overcharging might have led to a compromise verdict in this case, because out of nineteen charges, the jury convicted defendant of the first of each of the three different crimes charged. He described trial counsel's failure to seek an election as "baffling," and rejected the majority's speculation that counsel's failure to seek a mistrial was deliberate.
State v. Chitwood 310 Or App 22 (March 17, 2021) (Lagesen, James, dissenting) (Douglas County, Burge)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by accepting nonunanimous verdict. Reversed.
The Court of Appeals suggested that the trial court erred by imposing a more severe sentence because the defendant exercised his right to trial, but, because the case was remanded for resentencing, the issue was not resolved.
State v. Gassner 310 Or App 38 (March 17, 2021) (Lagesen) (Crook County, Ahern)
DUII - Predicate offenses for felony
Conviction based on 10-year-old guilty plea was a valid predicate, because the plea was accepted less than ten years ago. Affirmed.
State v. Heaton 310 Or App 42 (March 17, 2021) (Lagesen) (Douglas County, Simmons)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
RIGHT TO JURY TRIAL - Unanimity
Trial court erred by instructing jury on, and accepting, nonunanimous verdict. Reversed.
State v. XXX 310 Or App XXX (March 17, 2021) (XXX) (XXX County, XXX)
