State v. Kenny

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 05-14-2014
  • Case #: A148505
  • Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong, P.J.; and Egan, J.
  • Full Text Opinion

Under ORS 133.076(1), the phrase "issued under" merely describes the type of citation created and does not create an additional element of the offense; in establishing "knowingly" under the same statute, "logically relevant" testimony under OEC 401 is permitted, including testimony of a defendant.

Defendant appealed a judgment convicting her of failure to appear on a criminal citation, ORS 133.076. Defendant was cited for first-degree criminal mischief for damaging her brother's property. The date of her court appearance conflicted with a planned trip to the Virgin Islands, and she vocalized it to the officer at the time she received the citation. When she failed to appear in court, the State issued the citation for failure to appear. Defendant moved for a judgment of acquittal, citing that the State needed to prove to the jury that the citation had been issued properly according to the cited statutes. The Court disagreed with Defendant, stating the language was not such that it would add additional elements of the crime. Before trial on the charge, the State filed a motion in limine to exclude Defendant's testimony, citing that it was not relevant. The State’s argument was that they merely needed to prove her failure to show up and that her testimony was simply an attempt to explain why she failed, and therefore not relevant. Defendant argued that the testimony would serve to counter the element of “knowingly” required by the statute. The Court held that trial courts are not to exclude any evidence that is “logically relevant” to the case. Reversed and remanded.

Advanced Search