- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 04-17-2024
- Case #: A178364
- Judge(s)/Court Below: Tookey, P.J. for the Court; Egan, J.; & Kamins, J.
- Full Text Opinion
Defendant was convicted of two counts of first-degree sodomy and one count of first-degree unlawful sexual penetration. On appeal, Defendant asserted the court erred in denying his motion for a new trial. Defendant claimed his use of anti-anxiety medication on the third day of trial created an irregularity because Defendant was allegedly impaired and therefore not competent during the proceedings. ORS 138.105(4)(a) limits appellate review of the denial of a motion for a new trial to either juror misconduct or newly discovered evidence. The Court found it lacked authority to review the denial because the Defendant’s claim did not involve juror misconduct nor newly discovered evidence. Therefore, the Court was unable to review Defendant’s argument. AFFIRMED.