State v. Buchalski

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 07-02-2014
  • Case #: A152126
  • Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong, P.J.; & Egan, J.
  • Full Text Opinion

When any legal errors made by the lower court are found to be harmless, the Court will affirm the decision of the lower court.

Defendant appealed his conviction for three counts of felony violation of a stalking protective order after being charged with four counts of violating a stalking protective order. At trial, the court advised defendant’s primary witness of his 5th Amendment rights and that if he testified, he could be charged with the unlawful practice of law for drafting the civil complaint served against the victim. Defendant argued that the court erred by so doing because it allowed the defendant to invoke the right without being subjected to questioning and also improperly interfered with the witness. The Court held that any error committed by the trial court was harmless. Defendant’s questions either related to the witness’s unlawful practice of law or coincided with other witnesses‘ testimony. Reversed and remanded with instruction to merge guilty verdicts for Counts 3 and 4; remanded for sentencing; otherwise affirmed.

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