State v. Omar

“If [a] trial court determines that the record could have developed in a materially different way if the error had not occurred, then a defendant is entitled to a new trial.” State v. Hightower, 368 Or 378, 387 (2021).

On remand from the Supreme Court, defendant assigned error to the trial court’s denial of his oral motion for substitute counsel. The State conceded the error when the trial court did not conduct an inquiry into defendant’s complaint about his counsel. “If [a] trial court determines that the record could have developed in a materially different way if the error had not occurred, then a defendant is entitled to a new trial.” State v. Hightower, 368 Or 378, 387 (2021). The Court found that the trial court did not engage in a substantive colloquy before denying defendant’s request for substitute counsel because it did not ask defendant why he was making the request, and it did not discuss any other factors the court might consider in deciding whether to grant the request. The Court reasoned that, because the record could have been materially developed differently had there been no error,  defendant was entitled to a new trial.  Reversed and remanded.