|CALENDAR STATUS: Active|
|State of Oregon v. Matthew Scofield Sagdal|
|Supreme Court Case 1|
|Jed Peterson on behalf of Matthew Scofield Sagdal|
Paul Smith on behalf of the State of Oregon
Statement of Issues:
|State of Oregon v. Matthew Scofield Sagdal (S061846) (A146601) (appeal from Multnomah County Circuit Court; opinion reported at 258 Or App 890, 311 P3d 941 (2013)).|
Defendant Matthew Scofield Sagdal has been granted review of a Court of Appeals decision affirming two trial court rulings in a misdemeanor trial for reckless driving that (1) admitted into evidence two Certificates of Accuracy for Alcohol Breath Testing Equipment in the absence of oral testimony by the technicians who prepared the certificates, and (2) empaneled and accepted a verdict from a jury of fewer than ten persons.
On review, the issues are:
(1) Does the Oregon Constitution allow for a jury of fewer than ten members to render a valid verdict in a misdemeanor criminal case in circuit court?
(2) Is a certificate of accuracy for alcohol breath testing equipment testimonial for purposes of the Sixth Amendment to the United States Constitution?
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: