State v. Daly

The court determined that a “‘proper occasion’ to give the witness-false-in-part instruction exists when, considering the testimony and other evidence a party has brought to the court’s attention in support of the requested instruction, the trial court concludes that sufficient evidence exists for the jury to decide that at least one witness consciously testified falsely and that the false testimony concerns a material issue.” State v. Payne, 366 Or 588, 468 P3d 445 (2020) (Payne II).

Defendant appealed a judgment of conviction for fourth-degree assault. Defendant assigned error to the trial court in declining to give Defendant’s jury instructions. Defendant requested the uniform witness-false-in-part instruction, Uniform Criminal Jury Instruction (UCrJI) 1029, because the witness’s testimonies were inconsistent. The State responded that the trial court was correct in its determination because the witness had different recollections and interpretations of the events in question. Furthermore, the State claimed that this discrepancy is harmless. The Court determined that a “‘proper occasion’ to give the witness-false-in-part instruction exists when, considering the testimony and other evidence a party has brought to the court’s attention in support of the requested instruction, the trial court concludes that sufficient evidence exists for the jury to decide that at least one witness consciously testified falsely and that the false testimony concerns a material issue.” State v. Payne, 366 Or 588, 468 P3d 445 (2020) (Payne II). The Court concluded that the statement at issue is material and inconsistent. Reversed and remanded.