STATE v. BLACK

(CC C140510CR) (SC S065729).

437 P.3d 1121 (2019)

364 Or. 579

STATE of Oregon, Respondent on Review, v. Johnathan Richard BLACK, Petitioner on Review.

Supreme Court of Oregon.

April 4, 2019.


Attorney(s) appearing for the Case

Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender.

Jordan R. Silk , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Janis C. Puracal , Forensic Justice Project, Portland, and Brittney R. Plesser , Oregon Innocence Project, Portland, filed the brief for amici curiae Oregon Innocence Project and Forensic Justice Project.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices.


The judicially created vouching rule1 precludes one witness from commenting on the credibility of another witness's trial or pretrial statements. This criminal case requires us to determine whether certain evidence that defendant sought to offer at his trial violated that rule. Defendant was charged with...

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