Chapter 44

44.320

NOTES OF DECISIONS

Where there was no specific statutory authority for administration of oath by Release Assistance Officer, defendant could not be convicted of perjury for false statements under oath administered by that official. State v. Flamer, 54 Or App 17, 633 P2d 860 (1981)

44.370

NOTES OF DECISIONS

An instruction in criminal prosecution that a witness is presumed to speak the truth did not nullify the presumption of defendant’s innocence where defendant put on a case. State v. Blocher, 10 Or App 357, 499 P2d 1346 (1972), Sup Ct review denied

The state had a right to show bias or interest of the witness by inquiring into the nature and circumstance of his acquaintance with the defendant and if the legitimate inquiry revealed that it was born and ripened in the penitentiary it is no less relevant. State v. Guerrero, 11 Or App 284, 501 P2d 998 (1972), Sup Ct review denied

A jury instruction on the presumption of truthfulness, when accompanied by burden of proof and reasonable doubt instructions, does not impliedly place the burden of proof on the defendant so as to deny due process of the law. Cupp v. Naughten, 414 US 141, 94 S Ct 396, 38 L Ed 2d 368 (1973)

COMPLETED CITATIONS: State v. Williams, 6 Or App 189, 487 P2d 100 (1971), Sup Ct review denied

44.415

NOTES OF DECISIONS

Witness who is required to travel is entitled to witness fees and mileage reimbursement whether subpoenaed or not. Norris v. Norris, 201 Or App 162, 118 P3d 266 (2005)

44.510 to 44.540

NOTES OF DECISIONS

Where defense was not based on content or source of unpublished information, plaintiff was not entitled to reporter’s notes. McNabb v. Oregonian Publishing Co., 69 Or App 136, 685 P2d 458 (1984), Sup Ct review denied

Only withholding of evidence that is material and favorable to criminal defendant gives rise to claim of violation of Article I, section 11, compulsory process right. State ex rel Meyers v. Howell, 86 Or App 570, 740 P2d 792 (1987); State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

44.520

NOTES OF DECISIONS

“Information obtained” in course of news gathering does not include personal observations to extent that observations were of events taking place in public, were made with naked eye and did not relate to work product, informants or confidential sources. State v. Pelham, 136 Or App 336, 901 P2d 972 (1995), Sup Ct review denied

ATTY. GEN. OPINIONS: Constitutionality of this section under Oregon and United States Constitutions, (1979) Vol 39, p 703

LAW REVIEW CITATIONS: 59 OLR 477 (1981)