Opinion

State v. Williams

  • 313 Or. 19
  • 828 P.2d 1006
  • 1992 Ore. LEXIS 33
Court
Oregon Supreme Court
Filed
Mar 26, 1992
Status
Published
Author
Peterson
On the bench
Graber, Peterson, Fadeley, Unis
Cited by
94 cases

concluding that ORS 41.415 “directs the trial court to admit such photographs in a prosecution for a criminal homicide if the district attorney offers them to show the general appearance and condition of the victims while alive. The statute, in effect, declares the photographs to be relevant and not subject to balancing under OEC 403.”

How later courts described this case

  • concluding that ORS 41.415 “directs the trial court to admit such photographs in a prosecution for a criminal homicide if the district attorney offers them to show the general appearance and condition of the victims while alive. The statute, in effect, declares the photographs to be relevant and not subject to balancing under OEC 403.”
  • explaining that it was erroneous to describe beyond a reasonable doubt using the phrase “moral certainty” because, among other things, that phrase “ ‘may convey the idea to the jury that absolute certainty is required’ ” (quoting J.P. McBaine, Burden of Proof: Degrees of Belief, 32 Cal L Rev 242, 258 n 35 (1944))
  • stating that "[e]vidence that goes to the question of [a] defendant's future probable violent behavior is relevant [to] * * * the issue of future dangerousness"
  • giving an instruction containing a confusing phrase might be reversible error if it left the jury without guidance about the proper standard to apply

Written by the judges who cited it.

The opinion

PETERSON, J.,

dissenting.

I join in the dissent of Unis, J., with this exception. The instruction violated defendant’s rights under ORS 10.095(6) and ORS 136.415. It is unnecessary to go further, insofar as state law is concerned. I would not reach the Article I, section 33, question or the federal question.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.