Summary
concluding that the defendant was neither entitled to dismissal of charges nor suppression of the medical examiner's testimony when the medical examiner, as a matter of standard practice, destroyed the audio recording of his autopsy observations after completing his written report, and the defendant conceded that the recording was not destroyed in bad faith
Summary of this case from State v. WalkerOpinion
A158920, (S067423), (A158973), (S067424)
10-22-2020
STATE v. ROSSITER, Wenona; State v. Rossiter, Travis Lee
Petition for review allowed in part, limited to the appropriate disposition of Count 1 in Linn County Circuit Court case no. 13CR06277 and Count 1 in Linn County Circuit Court case no. 13CR06278, in light of Ramos v. Louisiana, 590 US ___, 140 S.Ct. 1390, 206 L. Ed. 2d 583 (2020); petition for review otherwise denied. For reasons given in State v. Ulery, 366 Or. 500, 464 P.3d 1123 (2020), the court accepts the state's concession that defendant Wenona Rossiter's Sixth Amendment challenge to her conviction on Count 1 in case no. 13CR06277 qualifies for plain error review and exercises its discretion to correct the error. The court therefore reverses the conviction on Count 1 in case no. 13CR06277. For the same reasons, the court accepts the state's concession that defendant Travis Rossiter's Sixth Amendment challenge to his conviction on Count 1 in Linn County case no. 13CR06278 qualifies for plain error review and exercises its discretion to correct the error. The court therefore reverses the conviction on Count 1 in ease no. 13CR06278. Decisions of Court of Appeals reversed in part, judgments of circuit court reversed in part, and cases remanded to the circuit court for further proceedings. Review Allowed.