State v. Ball

416 P.3d 301, 362 Or. 807
CourtOregon Supreme Court
DecidedMay 2, 2018
DocketCC 17CR32482; SC S065868
StatusPublished
Cited by4 cases

This text of 416 P.3d 301 (State v. Ball) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ball, 416 P.3d 301, 362 Or. 807 (Or. 2018).

Opinion

DUNCAN, J.

**809The Oregon Constitution provides that the victim of a crime has the right "to be heard at *** sentencing." Or. Const., Art. I, § 42 (1)(a). Appellant, who is a crime victim, filed a claim in the trial court, pursuant to ORS 147.515, alleging that the trial court violated her right to be heard when it sentenced the defendant who had committed crimes against her. Specifically, appellant alleged that the trial court violated her right to be heard when it interrupted her victim impact statement and when it later terminated the statement without warning or explanation. The trial court denied the claim, and appellant brought this appeal, pursuant to ORS 147.535.

*303This case requires us to determine the scope of a crime victim's constitutional right to be heard during a sentencing hearing. As explained below, we hold that a trial court has the authority and responsibility to conduct a sentencing hearing in an orderly and expeditious manner and may exclude certain statements by victims, including those that are irrelevant, unfairly prejudicial, or cumulative. In addition, a trial court may limit a victim impact statement if the victim disregards the trial court's appropriate instructions regarding the content or length of the statement. We further hold that, in this case, the trial court's interruptions of appellant's statement, which were for the permissible purpose of having appellant focus on the charged crimes and her own experiences with the defendant, did not violate appellant's right to be heard. However, the trial court's termination of appellant's statement, when appellant was discussing a relevant topic that was not outside the limits imposed by the trial court, did violate appellant's right to be heard. Therefore, we reverse the trial court's decision denying appellant's claim, vacate defendant's sentence, and remand the case to the trial court for a new sentencing hearing.

BACKGROUND

In April 2017, the defendant in the underlying criminal case (hereafter, defendant) was charged by indictment with six Class C felonies: two counts of assault in the **810fourth degree ( ORS 136.160(3) ), two counts of coercion ( ORS 163.275 ), one court of strangulation ( ORS 163.187(4) ), and one count of attempted assault in the second degree ( ORS 161.405(2)(c) ). Each count alleged that the charged crime constituted domestic violence. ORS 135.230(4).

In December 2017, the trial court facilitated settlement negotiations between the prosecutor and defendant, who was represented by counsel. Although appellant did not participate in those negotiations, she sat in the hallway outside the room where the negotiations occurred, and the prosecutor consulted with her before ultimately agreeing with defendant to terms of a plea and sentencing. That day, defendant pleaded guilty to one count of assault in the fourth degree, one count of coercion, and one count of attempted assault in the second degree, each of which constituted domestic violence. The trial court accepted that plea, dismissed the remaining counts, and scheduled the sentencing hearing for a later date.

That sentencing hearing took place in January 2018. Appellant attended the hearing, and the trial court invited her to read her prepared victim impact statement. Appellant began by describing her own difficult family circumstances growing up. She then described how, as her relationship progressed with defendant, he became increasingly jealous and possessive. According to appellant, defendant attempted to isolate her from friends and physically intimidate her. Appellant also stated that defendant previously had raped her on two occasions.

When appellant began describing the circumstances of one of those uncharged crimes the trial court interrupted, stating:

"THE COURT: Ma'am, please don't tell me the details of that.
"[APPELLANT]: Why?
"THE COURT: I don't want to hear this. Continue with your message.
"[APPELLANT]: This is a part of my message, so I will continue to read. It's not very long.
**811"THE COURT: I don't want to hear the details of your-
"[APPELLANT]: I'm not going to go into any details."

Appellant continued reading her statement. She described other acts of sexual coercion and physical abuse and how, after those incidents, defendant would make her feel responsible for them. She also stated that defendant's misconduct stems not from his problems with alcohol but from his personal values and attraction to "alt-right racist ideas."

Appellant then described responses she had received from third parties on social media after she posted photographs of the injuries defendant caused her. After appellant described six of the online comments, including comments alleging prior instances of misconduct by defendant, defense counsel *304objected, and the trial court instructed appellant not to repeat what she had heard from others:

"[DEFENSE COUNSEL]: Your Honor, I believe this has gone beyond [appellant's] right to make a statement. This is other people. We don't know who these people are.
"THE COURT: Are you done with your statement, [appellant]?
"[APPELLANT]: Not my entire statement, but I'm finished with-
"THE COURT: Don't tell me what other people said to you.
"[APPELLANT]: Yes, sir.
"THE COURT: Tell me about your statement."

Appellant picked up where she left off, describing how she found the online comments disheartening because they indicated that defendant's misconduct was part of a larger pattern of behavior that went back many years. According to appellant, defendant spirals into hatred and violence when his view of himself is challenged. Appellant stated that, when defendant acts out like that, he has little or no sense of guilt. As a result of that, appellant expressed concern that defendant is capable of murder.

**812Appellant then described her sense of embarrassment for believing defendant's statements that he would end his violent behavior.

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Related

State v. Burns
338 Or. App. 244 (Court of Appeals of Oregon, 2025)
State v. C. P.
Oregon Supreme Court, 2023
State v. C. P.
518 P.3d 598 (Court of Appeals of Oregon, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
416 P.3d 301, 362 Or. 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ball-or-2018.