Oregon v. Weaver
Annotate this CaseWhile defendant Francis Weaver was awaiting trial for murder, the state entered into a plea agreement with one of his codefendants, Michael Orren - a potential witness in defendant’s case. The plea agreement required Orren, if called by defendant as a witness, to invoke his privilege against self-incrimination and not to testify on defendant’s behalf. If Orren complied with the agreement, the state would seek a life sentence with the possibility of parole after 30 years. However, if Orren testified for defendant, even truthfully, the state could seek a death sentence or a sentence of life without parole - two sentencing options that were otherwise taken off the table by Orren’s plea agreement. Defendant attempted to call Orren as a witness, and Orren invoked privilege. Defendant sought to at least place Orren’s plea agreement before the jury, but the trial court ruled that he could not. The jury found defendant guilty of murder and other crimes, and the Court of Appeals affirmed. On appeal, defendant argued the state's conduct interfered with his right to call witnesses under Article I, section 11, and the Sixth Amendment. To this, the Oregon Supreme Court concurred, finding defendant's right to compulsory process was violated. Defendant's convictions were reversed and the matter remanded for further proceedings.
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