State v. Hickman

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 07-10-2014
  • Case #: S061409
  • Judge(s)/Court Below: Brewer, J. En Banc
  • Full Text Opinion

A first identification of defendant occurring in the courtroom falls under the OEC 403 inquiry described in Lawson/James.

Defendant was found guilty of murder. The Court of Appeals reversed Defendant's conviction and remanded the case based on its conclusion that the trial court had erroneously admitted eyewitness testimony of two witnesses who identified Defendant as the perpetrator. This Court found that the trial court properly admitted the challenged identification testimony of one of the witnesses, and that any error in admitting the identification of the second witness under OEC 403 was harmless.The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed.

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