State v. Wilson
240 Or. App. 708
Or. Ct. App.2011Background
- Defendant Wilson drove after drinking alcohol and had a suspended license from a prior DUI conviction.
- Police followed Wilson; he sped away, turned off headlights, ran a stop sign, and collided with another car.
- The other driver sustained severe injuries and died 10 days later.
- Wilson was tried and convicted of first‑degree manslaughter, second‑degree assault, DUII, and driving while suspended.
- Before trial, Wilson asked to waive a jury and be tried by the court; the court denied after in‑chambers discussion with counsel and the prosecutor.
- On appeal, Wilson argues the court abused its discretion by denying the jury waiver and thereby violating Article I, section 11 of the Oregon Constitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of jury waiver violated Article I, section 11 | Baker requires no state veto power over waiver | State’s objection improperly controlled the waiver decision | No abuse; court did not cede to state and properly exercised discretion. |
Key Cases Cited
- State v. Baker, 328 Or. 355 (1999) (constitutional right to jury waiver; state cannot veto without judge's consent)
- State v. Hambrick, 189 Or. App. 310 (2003) (history of 1932 amendment to Article I, section 11; efficiency motive)
- Wells v. Santos, 211 Or. App. 413 (2007) (discretionary function standard; abuse if outside range)
- State v. Rogers, 330 Or. 282 (2000) (defining abuse of discretion standard)