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Justia Daily Opinion Summaries

Oregon Supreme Court
March 18, 2021

Table of Contents

Oregon v. Ramoz

Constitutional Law, Criminal Law

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Oregon Supreme Court Opinions

Oregon v. Ramoz

Docket: S067290

Opinion Date: March 17, 2021

Judge: Martha Lee Walters

Areas of Law: Constitutional Law, Criminal Law

Defendant Talon Ramoz was charged with two counts of first-degree rape and two counts of first-degree unlawful sexual penetration. When it came time to instruct the jury on those charges, defendant and the state both requested instructions that they expected would correspond to those set out in the Uniform Criminal Jury Instructions. The final jury instructions did not, however, correspond with those instructions; instead, the instructions omitted, in the list of elements the state was required to prove, the mens rea elements — that defendant had acted knowingly. Defendant was found guilty on all counts but moved for a new trial under ORCP 64 B(1), alleging that the omission in the instructions was an “[i]rregularity in the proceedings of the court” that prevented him from having a fair trial. The trial court granted defendant’s motion, and the state appealed. In a divided, en banc decision, the Court of Appeals reversed. Finding no reversible error, the Oregon Supreme Court concurred and affirmed the Court of Appeals.

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