State v. Farmer

Defendant was convicted of murder with a firearm. ORS 163.115. He appeals after the trial comb denied his motion for a new trial based on newly discovered evidence, namely, testimony of an eyewitness who called 9-1-1 at the time of the shooting. ORS 136.535; ORCP 64 B(4). We affirm.

We begin with a brief overview of the evidence, before turning to a more detailed review. As the victim, Monterroso, was walking down the street one evening in late January 2001, he was killed by a single gunshot to the chest. At trial, the evidence against defendant included the following testimony: a witness…