State v. Spieler

Defendant, who was convicted after a jury trial of two counts of first-degree sexual abuse, ORS 163.427, and one count of second-degree sodomy, ORS 163.395, appeals. He asserts that the trial court erred in denying his motion to suppress evidence, and in denying his motion for a mistrial made during the prosecutor’s closing argument. He also argues that nonunanimous jury verdicts are unconstitutional. We reject the latter argument without discussion. As explained below, we conclude that the trial court correctly denied defendant’s motion to suppress, but erred in denying his motion for a…