State v. Williams

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 08-12-2015
  • Case #: A150680
  • Judge(s)/Court Below: Garrett, J. for the Court; Ortega, P.J.; & DeVore, J.
  • Full Text Opinion

A motion to sever will only be granted under ORS 132.560(3) if the "defendant is substantially prejudiced by a joinder of offenses."

Williams was charged with 11 different crimes against 4 victims. He made a motion to sever under ORS 132.560. The charges will only be severed under ORS 132.560(3) if the "defendant is substantially prejudiced by a joinder of offenses." The trial court denied the motion to sever. The Court used the abuse of discretion standard to uphold the trial courts ruling on the motion because the circumstances surrounding each charge were "sufficiently simple and distinct" meaning that cross-admissibility of evidence would not be substantially prejudicial. Affirmed.

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