|CALENDAR STATUS: Active|
|State of Oregon v. Michael Spencer Washington, Jr.|
|Supreme Court Case 3|
|Bronson D. James and Bear Wilner-Nugent on behalf of Michael Spencer Washington, Jr.|
Timothy A. Sylwester on behalf of the State of Oregon
Statement of Issues:
|State of Oregon v. Michael Spencer Washington, Jr. (S058490) (on automatic direct review of the judgment of conviction and sentence of death imposed by the Clackamas County Circuit Court).|
This case comes before the Oregon Supreme Court on automatic and direct review of a judgment of conviction and sentence of death following defendant's convictions for two counts of aggravated murder involving one victim.
Defendant raises 22 assignments of error. Defendant has indicated five assignments of error on which he plans to focus oral argument, and one assignment of error that he plans to address if time permits. Those assignments of error present the following questions:
(1) Did the trial court err by ordering defendant to wear a stun device during trial?
(2) Did the trial court err in empaneling an anonymous jury?
(3) Did the trial court err in failing to disclose to the defense communication between the jury and the court regarding security concerns?
(4) Did the trial court err in imposing juror security measures in secret, without providing notice to the defendant?
(5) Did the trial court err in denying defendant's request to interview the jury regarding the security issues?
(6) Did the trial court err in denying defendant's requested jury instruction on mercy? (This issue will be discussed if time permits.)
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: