- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 05-18-2022
- Case #: A173966
- Judge(s)/Court Below: Kamins, J. for the Court; James, P.J.; & Egan, J.
- Full Text Opinion
Defendant appealed his conviction of four counts of criminal mistreatment in the first degree. Defendant assigned error to the trial court’s refusal to provide a “witness false in part” instruction. Defendant argued that there was inconsistency in the witness’s testimony and specific jury instruction was required. The “witness false in part” instruction provides “[t]hat a witness false in one part of the testimony of the witness may be distrusted in others[.]” ORS 10.095(3). The Court reasoned that the jury did not find the witness’s testimony to be false in part and because of that, the instruction had no impact on the factfinder and the instruction was harmless. Affirmed.