State v. Shine

Summary

The Oregon Supreme Court held that ORCP 59 B requires a trial court to orally state, at the close of evidence and before jury deliberations, all matters of law necessary for the jury to reach its verdict. The court rejected the state’s argument that ORCP 58 B permits the trial court to provide required instructions at different stages of trial without rereading them at the end. The decision affirmed the Court of Appeals, reversed the circuit court judgment, and remanded for further proceedings.

Holdings

1. ORCP 59 B requires the trial court, at the conclusion of trial before deliberations, to orally state all matters of law necessary for the jury's information in giving its verdict.
2. Instructions given at the beginning of trial under ORCP 58 B(2) are in addition to, and cannot substitute for, the complete oral jury charge required at the close of trial by ORCP 59 B.
3. The trial court's failure to reread the required instructions orally at the close of trial was not harmless.

Questions Presented

1. Whether ORCP 59 B requires the trial court to orally state all matters of law necessary for the jury's information in giving its verdict at the conclusion of trial, even if those instructions were previously given orally at the beginning of trial and provided in writing.
2. Whether ORCP 58 permits a trial court to use preliminary instructions as a substitute for the complete oral jury charge required by ORCP 59 B.
3. Whether the trial court's failure to reread the necessary instructions was harmless error.

Disposition

reversed_and_remanded