Court of Appeals of Oregon· 3/10/2021

State v. Scott

Citations

309 Or. App. 615
483 P.3d 701

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holding that requesting a unanimous instruction and excepting to the nonunanimous instruction given the jury was sufficient to preserve the argument
explaining that, when the unani- mous jury instruction issue has been preserved, it is incum- bent upon the state, who is the beneficiary of the error, to establish that the error was harmless beyond a reasonable doubt
applying the federal harm- lessness analysis because the erroneous jury instruction violated the Sixth Amendment
applying the federal harmlessness analysis because the erroneous jury instruction violated the Sixth Amendment
applying the federal harmlessness analysis because the erroneous jury instruction violated the Sixth Amendment
in the context of a nonunanimous jury instruction, the state has the burden to demonstrate that error was harmless beyond a reasonable doubt

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Judges: DeHoog

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