State v. Jenkins

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 11-16-2016
  • Case #: A159294
  • Judge(s)/Court Below: Devore, J for the Court; Duncan, P.J.; Flynn, J.
  • Full Text Opinion

Any error in admitting a hearsay statement about the plaintiff’s identity was harmless and the trial court did not err in admitting the officer’s testimony because it contained no verbal or nonverbal hearsay.

Defendant appealed a judgment revoking his probation for violating a condition ob probation prohibiting contact with the plaintiff. Any error in admitting a hearsay statement about the plaintiff’s identity was harmless and the trial court did not err in admitting the officer’s testimony because it contained no verbal or nonverbal hearsay. In this case Defendant did not establish a context that makes the act of handing the plaintiff her phone a communication, rather than a simple delivery of evidence. The plaintiff’s conduct was not indicative of verbal assertion. Without more Defendant has not met the burden of proof of demonstrating the plaintiff’s communicative intent. Further the plaintiff’s testimony was harmless. Affirmed

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