Opinion

State v. Mains

  • 295 Or. 640
  • 669 P.2d 1112
  • 1983 Ore. LEXIS 1548
Court
Oregon Supreme Court
Filed
Sep 27, 1983
Status
Published
Author
Peterson
On the bench
Jones, Peterson, Campbell
Cited by
47 cases
Authority
More cited than 5.3%

stating that “admonition of counsel in the presence of a jury should be a rare occurrence”

How later courts described this case

  • stating that “admonition of counsel in the presence of a jury should be a rare occurrence”
  • “Certainly, it is appropriate for a judge to * * * eliminate argument in opening statements [.] ”
  • court’s pointed reference to oath tended to embarrass expert witness and weaken his credibility
  • giving examples of actions a trial court may take as part of its obligation to conduct fair and efficient proceedings

Written by the judges who cited it.

Distinguished

  • Distinguished by State v. Sellers, 76 Or. App. 552 (1985)

    295 Or 640, 669 P2d 1112 (1983), but it is inapposite.
    Court of Appeals of OregonNov 20, 1985Read it

The opinion

PETERSON, C. J.,

concurring.

I concur in the result, but disassociate myself from this statement, which appears at page 645 of the opinion:

“* * * If counsel is not present at the examination, however, the defendant should be asked by the examiner whether he understands that counsel is entitled to be present and has consented to be examined in the absence of counsel. * * *”

This court never has held that a defendant is entitled to the presence of counsel at such an examination. The issue is not directly presented in this case, and I would not decide it. Compare State ex rel Russell v. Jones, 293 Or 312, 333 , 647 P2d 904 (1982) (dissenting opinion).

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.

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