|CALENDAR STATUS: Active|
|State of Oregon v. Jesse Jerome Phillips|
|Rankin Johnson, IV on behalf of Jesse Jerome Phillips|
Gregory Rios on behalf of State of Oregon
Statement of Issues:
|State of Oregon v. Jesse Jerome Phillips (S059835) (A140377) (appeal from Multnomah County Circuit Court; opinion reported at 242 Or App 253, 255 P3d 587 (2011)).|
Defendant Jesse Jerome Phillips has been granted review of a Court of Appeals decision that affirmed his conviction of third-degree assault for intentionally or knowingly causing injury to a person "[w]hile being aided by another person actually present, " ORS 163.165(1)(e).
On review, the issues are:
(1) Is the crime of assault in the third degree, committed by the defendant while aided by another person actually present, the same crime as assault in the third degree committed by another person aided by the defendant?
(2) If principal- and accomplice-liability are the same crime, are they also the same prosecution theory?
(3) Should the jury be instructed that, in order to convict, ten or more jurors must agree on one of those two different theories?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: