State of Oregon v. Samuel Adam Lawson (S059234); State of Oregon v. Stanley Dale James, Jr. (S059306)

Oral Argument: 11/14/2011 9:00 a.m. Reynolds High School, Troutdale Statement of Issues: Defendant Samuel Adam Lawson has been granted review of a divided Court of Appeals decision that affirmed his convictions for aggravated murder, attempted murder, and first-degree robbery. On the review of issues are: (1) Did the Court of Appeals err in concluding that the state had met its burden, under State v. Classen, 285 Or 221 (1979), of providing that an eyewitness identification obtained through concededly suggestive procedures was nonetheless independently reliable? (2) Was the Court of Appeals correct in suggesting that any error in admitting eyewitness testimoney in suggestive-identification cases can be cured at trial by cross-examination, expert testimoney, closing arguments, and jury instructions? (3) Does the state's failure to disclose to the defense that the victim had been shown a single photograph of defendant's state and federal constitutional right to compulsory process, and his federal due process right to the production of exculpatory evidence? (4) Is it a violation of defendant's state and federal constitutional right to compulsory process and federal right to due process to preclude his trial counsel from reviewing records about double-homicide involving a nearby shooting, which occurred while defendant was incarerated and under circumstances allegedly similar to the shooting for which he was in trial? (5) Is it a violation of OEC 401, OEC 403, and the state and federal constitutional right to present a defense, to exclude evidence of other shootings allegedely

Reynolds High School

11/14/2011 5:00:00 PM