State v. Skotland
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The case revolves around a criminal defendant who was charged with unlawful purchase of a firearm, false information in connection with the transfer of a firearm, and attempted felon in possession of a firearm. The defendant had attempted to buy a firearm and on the required form, he checked "no" to the question of whether he had been convicted of a felony, despite having two previous felony convictions in the State of Washington. At trial, the defendant testified that he had assumed or hoped that his prior felony convictions had been expunged, as he had consulted an attorney and filled out paperwork to that effect.
Prior to the closing arguments, the defendant made a preemptive objection to the state's closing argument, arguing that the state should not be permitted to make "burden-shifting" arguments or mention related topics. The trial court engaged in a lengthy discussion on the defendant's objection and largely agreed with the legal principles that he had articulated. The state delivered its closing argument without objection from the defendant.
On appeal, the defendant assigned error to a purportedly impermissible burden-shifting argument the prosecution made in closing. The Court of Appeals treated the defendant's assignment as preserved, relying on the defense counsel's preemptive objection made before closing arguments, and reversed the decision.
However, the Supreme Court of the State of Oregon concluded that the defendant's assignment of error was not preserved. The court noted that the defendant did not object to the trial court's ruling on his preemptive objection or to the actual statements made in the prosecutor's closing argument. The court vacated the decision of the Court of Appeals and remanded the case back to the Court of Appeals for further proceedings.
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