Legal Opinion

State v. Stull

Court of Appeals of Oregon

Decided March 6, 2019No. A164154PublishedCited by 6 opinions

1Opinion of the CourtJames, J.

*437Defendant appeals a judgment of conviction for attempted assault on a public safety officer, resisting arrest, and second-degree criminal mischief, raising nine related assignments of error, all alleging that statements made by the prosecutor during closing argument that commented on defendant's courtroom behavior were improper. Defendant argues that the trial court abused its discretion by failing to strike the comments from the jury's consideration. We agree, and, concluding that the failure to strike was not harmless, accordingly reverse and remand.

Defendant's prosecution arose from an…

2Cases cited20 opinions

  1. State v. DavisOregon Supreme Court · 2003
  2. State v. WyattOregon Supreme Court · 2000
  3. State v. RogersOregon Supreme Court · 2000
  4. State v. MayfieldOregon Supreme Court · 1987
  5. United States v. Anthony F. WrightCourt of Appeals for the D.C. Circuit · 1973

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3Cited by6 opinions

  1. State v. BoauodCourt of Appeals of Oregon · 2020
  2. State v. MoreheadCourt of Appeals of Oregon · 2020
  3. Mitchell v. State of OregonCourt of Appeals of Oregon · 2019
  4. State v. R. D. M.Court of Appeals of Oregon · 2024
  5. State v. Ruiz-EspinosaCourt of Appeals of Oregon · 2020

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