State v. Sarich
291 P.3d 647
Or.2012Background
- Charged with aggravated murder of William Mills.
- Z, a 19-year-old with autism, underwent competency evaluation.
- Video, statements, and drawings by Z were recorded during police interviews.
- Trial court found Z not competent to testify and excluded the video and related materials.
- State appealed directly under ORS 138.060(2)(a); circuit court orders affirmed.
- Oregon Supreme Court affirmed competency ruling and exclusion, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for competency ruling | Rogers governs abuse of discretion review | Rogers binding, deference to findings | Two-step review: correct standard then abuse of discretion |
| Court's questioning approach to Z | Questioning exceeded limits; prejudice possible | Court tailored to Z's abilities as advised | No abuse of discretion; questions within permissible latitude |
| Admissibility under OEC 403 and Confrontation Clause | Video admissible to prove knowledge and presence | Unfair prejudice; unreliable, cross-exam unavailable | Excluded under OEC 403; Confrontation issue not reached |
Key Cases Cited
- State v. Rogers, 330 Or 282 (2000) (competency rulings reviewed for legal error and abuse of discretion when applicable)
- State v. Spada, 286 Or 305 (1979) (statutory interpretation of evidentiary rules precedes constitutional claims)
- State v. Shaw, 338 Or 586 (2005) (OEC 403 balancing is reviewed for abuse of discretion)