State v. Bradley

In State v. Herfurth, 307 Or App 534, 478 P3d 601 (2020), the court allowed the defendant to raise new arguments in his third appeal on the basis of a nonunimaous verdict because the legal landscape in Oregon had changed significantly changed and the defendant raised other claims that were not frivolous in each appeal.

Defendant was convicted on multiple charges of sexual abuse and sodomy; this is the third appeal. Defendant assigned error to the trial court jury instruction that stated that it could find defendant guilty without a unanimous verdict. The State admitted that there was error on the part of the trial court. In State v. Herfurth, 307 Or App 534, 478 P3d 601 (2020), the court allowed the defendant to raise new arguments in his third appeal on the basis of a nonunimaous verdict because the legal landscape in Oregon had changed significantly changed and the defendant raised other claims that were not frivolous in each appeal. The Court found that Herfurth “controlled” and therefore Defendant’s claims could be heard. Reconsideration  allowed;  former  disposition  withdrawn;  opinion  modified  and  adhered  to  as  modified;  convictions on Counts 12-14 reversed and remanded; otherwise affirmed.