# State v. Williams

> Oregon Supreme Court · March 26, 1992 · 313 Or. 19

URL: https://www.frixlaw.com/law-library/cases/9546932

## Case

- **Full name:** STATE OF OREGON, Respondent, v. JEFFERY RAY WILLIAMS, Appellant
- **Court:** Oregon Supreme Court
- **Decided:** March 26, 1992
- **Citations:** 313 Or. 19; 828 P.2d 1006; 1992 Ore. LEXIS 33
- **Precedential status:** Published
- **Opinion:** Dissent by Peterson
- **Judges:** Graber, Peterson, Fadeley, Unis
- **Cited by:** 94 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546932

## How later opinions describe it (automated extraction)

- 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…
- 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 Belie…
- 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"
- holding that, for an instruction to constitute reversible error, it must have prejudiced the accused when the instructions are viewed as a whole

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546932. Public record. Not legal advice.