State v. Eby

The state petitions this court to reverse the decision of the Court of Appeals which reversed the defendant’s conviction for felony murder and first degree robbery and remanded for a new trial.

The defendant was accused of shooting and killing Ted Schleining, owner of the Clackamas Auto Wreckers, during a robbery occurring on March 29, 1980. The trial commenced in the Circuit Court of Clackamas County in January, 1982, after the effective date of the Oregon Evidence Code. 1

The defendant argued to the Court of Appeals that the trial court erred in allowing the state to “vouch” for the…