545 P.3d 768
Or. Ct. App.2024Background
- Katie Taylor Slay was convicted in a bench trial for conspiracy and solicitation to commit second-degree murder of her ex-husband, K, motivated by a custody dispute over their child, V.
- The conviction stemmed from Slay's repeated attempts to enlist her boyfriend (Burr) and others to murder K, with instructions including possible methods like a car accident or shooting.
- Burr, acting with another conspirator (McClure), shot K multiple times, but K survived; Burr had already pleaded guilty to the shooting before Slay's trial.
- At trial, the State presented photographic evidence and witness testimony to establish the contentious and violent nature of interactions between Slay, Burr, and K.
- Slay appealed, challenging evidentiary rulings (admission of photographs), alleged prosecutorial misconduct (improper vouching in closing), and the denial of a mistrial on those grounds; she also raised two pro se grounds for appeal.
- The Court of Appeals affirmed the conviction, finding no abuse of discretion or reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Burr's photographs (OEC 403) | Relevant to show confrontational nature of Burr | Prejudicial; minimal probative value already established | Properly admitted; relevance outweighed prejudice |
| Prosecutor's statements in closing (vouching/credibility) | Comments properly grounded in evidence; fair inference permitted | Improper vouching; injected personal opinions about credibility | Not improper; arguments based on record evidence |
| Denial of mistrial motion based on prosecutor's statements | No error, since statements not improper | Entitled to mistrial due to prejudicial argument | No error; vouching claim rejected |
| Judge's treatment of detective's and McClure's testimony | (No new arguments; relied on trial handling) | Detective's and McClure's inconsistent/testimonial errors | No plain error; assignments of error rejected |
Key Cases Cited
- State v. Davis, 291 Or App 146 (Or. Ct. App. 2018) (standard for abuse of discretion when reviewing evidentiary rulings under OEC 403).
- State v. Mayfield, 302 Or 631 (Or. 1987) (balancing test for probative value and unfair prejudice under OEC 403).
- State v. Vanornum, 354 Or 614 (Or. 2013) (standards for plain error review).
- State v. Chitwood, 370 Or 305 (Or. 2022) (plain error and motions for mistrial for prosecutorial comments on credibility).
- State v. Sperou, 365 Or 121 (Or. 2019) (prosecutorial latitude in argument on witness credibility).
- Cler v. Providence Health System-Oregon, 349 Or 481 (Or. 2010) (attorneys' latitude to comment on evidence in closing).
- State v. Purrier, 265 Or App 618 (Or. Ct. App. 2014) (state may urge factfinder to believe one version of events over another).