465 P.3d 304
Or. Ct. App.2020Background
- Defendant Steven Maxon was convicted after a bench trial of three counts of menacing (ORS 163.190).
- On appeal, Maxon argued the trial court erred by denying his motion for judgment of acquittal on one count and by excluding a defense witness’s answer to whether his testimony was "accurate and truthful."
- The appellate court summarily rejected Maxon’s sufficiency-of-evidence (judgment of acquittal) argument without discussion.
- At trial, the court struck the redirect question asking the defendant’s roommate whether his testimony was accurate and truthful as improper "vouching."
- The appellate court held that excluding the roommate’s self‑verifying statement was error, but deemed the error harmless because the witness had taken an oath and confirmed on redirect that he was testifying under oath, making the excluded content substantially cumulative.
- The conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying judgment of acquittal on one menacing count | State: evidence sufficed to support conviction | Maxon: evidence insufficient as to that count | Court rejected Maxon’s contention (affirmed) |
| Whether the court properly excluded a defense witness’s statement that his testimony was "accurate and truthful" | State: exclusion was error but harmless under the circumstances | Maxon: exclusion was improper and prejudicial | Court: exclusion was error but harmless; conviction affirmed |
Key Cases Cited
- State v. Sperou, 365 Or. 121, 442 P.3d 581 (2019) (vouching rule bars a witness’s opinion about another witness’s credibility)
- State v. Chandler, 360 Or. 323, 380 P.3d 932 (2016) (jury’s role in credibility assessment must not be usurped)
- State v. Sanchez-Jacobo, 250 Or. App. 621, 282 P.3d 880 (2012) (a witness may assert his own truthfulness without impermissibly vouching)
- State v. Partain, 297 Or. App. 799, 444 P.3d 1136 (2019) (excluding a defendant’s direct statement of truthfulness was harmless where the witness had taken an oath and the content was cumulative)