stating the quoted Oregon standard for harmless error (internal quotation marks omitted)
How later courts described this case
- stating the quoted Oregon standard for harmless error (internal quotation marks omitted)
- stating Oregon's harmless error standard
- ‘[u]nder state law, an error is harmless if there is “little likelihood that the error affected the verdict” ’
- a demurrer to an indictment must be based on defects appearing on the face of the accusatory instrument
Written by the judges who cited it.
The opinion
DURHAM, J.,
dissenting.
For the reasons expressed in the dissenting opinion in State v. Wagner, 309 Or 5, 20 , 786 P2d 93 (Linde, J., dissenting), cert den 498 US 879 (1990) [Wagner II], I dissent from the majority’s disposition of defendant’s second assignment of error, in which he argues that the trial court erred in *450 overruling his demurrers to the indictment. This court should reconsider its holding in Wagner II and determine whether defendant is entitled to the relief he seeks in that assignment.
Fadeley, J., joins in this dissenting opinion.