State v. Gilmore, 562 P.3d 250

Defendant Trevor Alan Gilmore was convicted of first-degree manslaughter following a shooting incident where he killed two men, S and L, in his wife's apartment after a domestic dispute escalated in the early morning hours of Thanksgiving 2018.
The trial court found Gilmore justified in using deadly force against S (self-defense) but guilty of recklessly causing L’s death, finding his actions toward L showed extreme indifference to human life.
The charged offenses included aggravated murder and unlawful use of a weapon. Defendant raised self-defense as to both victims, asserting both posed threats justifying deadly force.
The State used, in part, the testimony of a child witness given during a forensic interview. Defendant sought access to that child’s therapy and interview records, arguing they could contain exculpatory or impeachment evidence.
Defendant also sought a new trial or acquittal, arguing that legal error occurred because the court’s reasoning on justification for S should have applied to L, and that he did not receive proper notice he could be convicted of first-degree manslaughter as a lesser-included offense.
The court sentenced defendant to 120 months in prison. The Court of Appeals affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Applicability of transferred intent to justification	Justification for S does not transfer to L	Justification for shooting S should transfer to L if part of same incident	No transfer; justification is victim-specific
Sufficiency of evidence for manslaughter conviction	Evidence showed L was not a threat	State failed to disprove self-defense as to L	Evidence was sufficient for conviction
Notice of lesser-included offense	Indictment gives notice of lesser crimes	No adequate notice that manslaughter was under consideration	No due process violation; notice sufficient
Disclosure of child witness’s therapy/interview recs	Not in possession or control of State	State obliged to disclose potential impeachment/exculpatory information	No error; State lacked possession/control

State v. Cunningham, 320 Or 47 (1994) (articulates standard for sufficiency of evidence review after conviction)
State v. Bracken, 174 Or App 294 (2001) (self-defense as legal justification and not negating intent element)
State v. Oliphant, 347 Or 175 (2009) (State’s burden to disprove self-defense beyond reasonable doubt)
State v. Wesley, 254 Or App 697 (2013) (limits to transferred intent doctrine in homicide contexts)
State v. Hall, 327 Or 568 (1998) (questions of fact best left for factfinder where contrary inferences permitted)
State v. Washington, 273 Or 829 (1975) (indictment for greater offense provides notice of lesser-included offenses)