Case State of Oregon v. Ervan Ronell Herring Court Oregon Supreme Court Date Decided June 4, 2026 Docket No. S070999 […]
Case State of Oregon v. Michael Daniel Farnham Court Oregon Court of Appeals Date Decided June 3, 2026 Docket No.
The Oregon Court of Appeals reversed convictions for domestic violence strangulation and harassment because the trial court failed to reread constitutional jury instructions—including the presumption of innocence and proof beyond a reasonable doubt—as part of its oral charge to the jury at the close of evidence, applying State v. Shine, 375 Or 112 (2026), and holding the error was plain, not harmless, and warranted discretionary correction even without a trial-level objection.
The Oregon Court of Appeals remanded for resentencing after holding that the trial court violated the Sixth Amendment by imposing a true-life sentence under ORS 163.107(2)(b) based solely on its own factual findings, confirming that a constitutionally valid LWOP sentence for first-degree murder requires jury-found enhancement facts submitted through the Blakely-remedy procedure of ORS 136.760–136.792.