Legal Opinion

State v. Barajas

Court of Appeals of Oregon

Decided December 14, 2011No. 09C41316; A142660PublishedCited by 18 opinions

1Opinion of the CourtNakamoto, J.

Defendant appeals from a judgment of conviction of one count each of unlawful delivery of methamphetamine, ORS 475.890; unlawful possession of methamphetamine, ORS 475.894; and first-degree child neglect, ORS 163.547. Because we conclude that the trial court erred by denying defendant’s right to present a closing argument, we reverse and remand. That disposition obviates the need to address defendant’s assignment of error concerning her sentence.

At the end of the bench trial, the court purported to “waive” defendant’s right to closing argument in the following exchange. Defense counsel said…

2Cases cited12 opinions

  1. Peeples v. LampertOregon Supreme Court · 2008
  2. State v. HitzOregon Supreme Court · 1988
  3. State v. WalkerOregon Supreme Court · 2011
  4. McCarthy v. Oregon Freeze Dry, Inc.Oregon Supreme Court · 1998
  5. State v. OlmsteadOregon Supreme Court · 1990

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. MayoCourt of Appeals of Oregon · 2020
  2. State v. MartinezCourt of Appeals of Oregon · 2015
  3. State v. PowellCourt of Appeals of Oregon · 2022
  4. State v. BarajasCourt of Appeals of Oregon · 2014
  5. Mitchell v. State of OregonCourt of Appeals of Oregon · 2019

13 more not listed; retrieve them via the Exa API.

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