Oregon v. Ramoz
Annotate this CaseDefendant Talon Ramoz was charged with two counts of first-degree rape and two counts of first-degree unlawful sexual penetration. When it came time to instruct the jury on those charges, defendant and the state both requested instructions that they expected would correspond to those set out in the Uniform Criminal Jury Instructions. The final jury instructions did not, however, correspond with those instructions; instead, the instructions omitted, in the list of elements the state was required to prove, the mens rea elements — that defendant had acted knowingly. Defendant was found guilty on all counts but moved for a new trial under ORCP 64 B(1), alleging that the omission in the instructions was an “[i]rregularity in the proceedings of the court” that prevented him from having a fair trial. The trial court granted defendant’s motion, and the state appealed. In a divided, en banc decision, the Court of Appeals reversed. Finding no reversible error, the Oregon Supreme Court concluded the trial court did not err and reversed the Court of Appeals.
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