State v. Maney

The sole issue this case presents is whether a murder victim who assisted in the apprehension and arrest of defendant and would have been expected to testify at defendant’s trial, but had not yet testified nor been subpenaed, was a “witness in a criminal proceeding” under the aggravated murder statute.

Defendant’s indictment for aggravated murder alleged that he shot a “witness in a criminal proceeding,” in violation of ORS 163.095(2) (a) (E). A jury found him guilty. He was sentenced to life imprisonment and received as the enhanced penalty for an aggravated murder conviction a 20-year…