Oregon v. Schiller-MunnemanAnnotate this Case
Defendant was charged with first-degree rape of the victim, a friend who had spent the night on defendant’s couch after an evening of drinking. The victim contacted the police following the incident, and Detective Myers asked the victim if she would send defendant text messages to “try to get [defendant] to make a comment about what had happened between the two of them.” The victim agreed, and Myers instructed her on the content of the messages. The victim sent defendant two text messages. Defendant did not respond to either message. At trial, defendant challenged the admissibility of the text messages and his nonresponse on both constitutional and evidentiary grounds. The trial court concluded that neither objection was well taken, and the jury found defendant guilty. The Court of Appeals affirmed. After review, the Supreme Court concluded that the text messages and defendant’s nonresponse constituted inadmissible hearsay, and that the trial court erred in admitting them. The Court reversed and remanded for further proceedings.