State v. Washington

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Sentencing
  • Date Filed: 06-19-2014
  • Case #: S058490
  • Judge(s)/Court Below: Landau, J. for the Court; En Banc.
  • Full Text Opinion

Under ORS 138.012, all death sentences come before the Supreme Court on automatic and direct appeal. In this case, all of defendant's assignments of error were rejected.

Defendant convicted for the aggravated murder of Mohamed Jabbie, a witness in an assault case against him, as well as for felon in possession of a firearm. The trial court sentenced him to death. This case comes to the Supreme Court on automatic and direct appeal, as with all death penalty cases, and defendant raised 22 assignments of error. Among these, defendant challenged the trial court’s denial of his motion for a judgment of acquittal and his motion for a mistrial, as well as the admission of certain testimony and the order that defendant wear a stun device during trial. Defendant further challenged Oregon's death penalty generally. The Court rejected each of defendant's claims of error, holding evidence supported the order to wear a stun device and the implementation of additional security measures. The Court further held there was sufficient evidence to corroborate the testimony of defendant's accomplice, and to deny defendants motions for mistrial and judgment of acquittal. Additionally, statements made by prosecution during opening statements were harmless in the context of other statements made in testimony, and defendant’s jury instruction was not an accurate statement of the law. Lastly, the Court rejected defendant's arguments against Oregon's death penalty, including his claim that a three-drug lethal injection is cruel and unusual punishment. Affirmed.

Advanced Search