- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 04-17-2013
- Case #: A147269
- Judge(s)/Court Below: De Muniz, S.J. for the Court; Ortega, P.J.; and Nakamoto, J.
- Full Text Opinion
Defendant appealed the denial of a motion in limine. The motion was to exclude out of court and in court identifications of the Defendant. The trial court used the Classen test to determine whether the identifications were unduly suggestive and found the identifications admissible. On March 9, 1999, the Defendant was driving down I-205 when he exposed himself to a car containing three 12 year-old girls. Defendant was convicted of public indecency. While the Defendant's appeal of error was being decided, the Oregon Supreme Court revised the Classen test. The new test, Lawson/James, reviews whether the in court and out of court identifications were admissible under a new set of factors. These new factors look to whether the witness had personal knowledge under OEC 602, whether the Defendant was unnecessarily distinguished in the photo lineup, and whether the police unduly influenced the victims during the photo lineup. The Court of Appeals determined there was sufficient personal observation, the Defendant was not unduly distinguished during the lineup, the police followed all policy while conducting the lineup, and that in court identification based on personal observation would be helpful to the trier of fact. Notwithstanding the new Lawson/James test, the Court of Appeals upheld the denial of the motion. Affirmed.