Thirty-three years ago, in State v. Classen, 285 Or 221, 590 P2d 1198 (1979), the Oregon Supreme Court set forth a test by which to determine whether an eyewitness identification is sufficiently reliable to be admitted at trial. Under Classen, if the underlying identification process was found to have been suggestive (or to have departed […]
On October 11, 2012, the Oregon Supreme Court held that the state doesn’t get to proceed under one theory at trial – say, that defendant aided and abetted his codefendant’s assault – only on appeal to jump, Frogger-like, to another – say, principal liability. As the court put it, “the state’s failure in this case […]