Oregon Supreme Court

State v. Ulery

June 4, 2020366 Or. 500

Summary

The court held that the defendant’s unpreserved Sixth Amendment challenge to convictions based on nonunanimous jury verdicts qualified for plain-error review and that the court should exercise its discretion to correct the error. Because the verdicts were constitutionally invalid and could not be deemed harmless beyond a reasonable doubt, the court reversed the convictions and remanded for further proceedings.