State v. Bitz

“If [a jury instruction, given in error, affected the verdict], then we must reverse the resulting convictions. If it did not, then we are obliged to affirm those convictions. Or Const, Art VII (Amended), § 3.”

Defendant appealed criminal convictions, arguing that the trial court erroneously issued a witness-false-in-part (WFIP) jury instruction without evidentiary support, resulting in prejudice constituting reversible error.

“[W]hen the evidence would support that a witness lied under oath, ORS 10.095 requires the court to instruct the jury that it may, but is not required, to distrust other testimony given by that witness” (the WFIP instruction). After considering the evidence in the light most favorable to the State, the Court concluded there could be no inference that “any witness consciously gave false testimony.” Lacking evidentiary support, giving the instruction constituted legal error.

When a jury instruction, given in error, affects the verdict, the resulting convictions must be reversed. If there was no effect on the verdict, the convictions must be affirmed. Or Const, Art VII (Amended), § 3.

Although the jury instruction was otherwise proper, because the evidence did not support an inference of false testimony, the instruction itself was useless to the jurors. Furthermore, the prosecutor emphasized the instruction in their closing argument, urging the jury to discount certain testimony. For those reasons, the Court concluded that the erroneously given instruction “likely impacted the jury’s deliberations and verdict.”

“Reversed and remanded.”