State v. Franzen

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 02-05-2025
• Case #: A179028
• Judge(s)/Court Below: Aoyagi, P.J.; Joyce, J.; Kistler, S.J.
• Full Text Opinion

Speculation that missing evidence may be more helpful is insufficient to require a less satisfactory evidence instruction to the jury.

Defendant petitioned for reconsideration from a prior decision. Defendant previously argued that the cell phone video was less satisfactory than the original video. Speculation that missing evidence may be more helpful is insufficient to require a less satisfactory evidence instruction to the jury. The Court explained that there is no evidence that a wider view from the original video would have revealed any more witnesses. Reconsideration allowed; former opinion modified and adhered to as modified.

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