State v. Benton

CourtOregon Supreme Court
DecidedJune 4, 2026
DocketS072292
StatusPublished

This text of State v. Benton (State v. Benton) 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. Benton, (Or. 2026).

Opinion

334 June 4, 2026 No. 27

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON, Plaintiff-Appellant, v. LYNN EDWARD BENTON, Defendant-Respondent. (CC CR1201792) (SC S072292)

On appeal from an order of the Clackamas County Circuit Court under ORS 138.045(2) and ORAP 12.07.* Argued and submitted March 18, 2026. Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the briefs for plaintiff-appellant. Also on the briefs were Dan Rayfield, Attorney General, and Paul Smith, Solicitor General. David Sherbo-Huggins, Deputy Public Defender, Oregon Public Defense Commission, Salem, argued the cause and filed the brief for defendant-respondent. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section. Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, Bushong, and Masih, Justices, and Nakamoto, Senior Judge, Justice pro tempore.** FLYNN, C.J. The order of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings.

______________ * Ulanda L. Watkins, Judge. ** James, J., did not participate in the consideration or decision of this case. Cite as 375 Or 334 (2026) 335 336 State v. Benton

FLYNN, C.J. In this criminal case, the state alleged that defen- dant conspired with two people, Jaynes and Campbell, to kill defendant’s wife. Defendant filed a pretrial motion to preclude Smith, Jaynes’s coworker, from testifying that Jaynes had left work on the day of the murder. Defendant contended (among other things) that Smith was not competent under OEC 601 to testify to that fact because suggestive police interrogation tactics and other factors had contaminated Smith’s memory. The trial court granted the motion, concluding that, although Smith was generally competent to testify about relevant facts on the day of the murder, he was not competent to testify about whether Jaynes had left work that day. On the state’s interlocutory appeal from that pre- trial ruling, we reverse.1 The competency requirement in OEC 601 depends on whether a person has sufficient capac- ity to perceive, recollect, and communicate to be a witness at all. Concerns regarding the quality of the person’s mem- ory of particular facts, or other concerns bearing on the admissibility of testimony regarding a particular fact, are addressed through other rules of evidence. Thus, the trial court erred when it held that, under OEC 601, Smith would be precluded from testifying about the particular matter of whether Jaynes had left work on the day of the murder. I. BACKGROUND A. Historical Facts Defendant’s wife, DB, was killed between 4:30 p.m. and 8:40 p.m. on May 28, 2011.2 The state charged defendant with the murder, alleging that he had solicited Campbell and her son, Jaynes, to kill DB. Jaynes initially told the police that he was working at a Chevron gas station on the 1 ORS 138.045 authorizes the state to appeal a trial court’s pretrial ruling suppressing evidence and provides that, when the ruling is in a murder or aggra- vated murder case, the appeal shall be taken in this court. ORS 138.045(1)(d), (2). While the appeal was pending, this court granted the trial court authority to hold certain pretrial proceedings, including proceedings on a possible plea. Defendant pleaded guilty to first-degree manslaughter on May 26, 2026. The parties agree that the appeal is not moot until defendant is sentenced, which is scheduled for July 1, 2026, and have not asked this court to stay its work on the case. 2 The date of the murder, May 28, 2011, was the Saturday of Memorial Day weekend, which may have made that day more memorable than another Saturday. Cite as 375 Or 334 (2026) 337

day of the murder, and that Smith, a coworker, could ver- ify his whereabouts that day. When detectives interviewed Smith, he stated that he had worked with Jaynes that day and confirmed that Jaynes had not left work. Later, when pressured by the detectives and after multiple polygraph examinations, Smith changed his story several times, at one point telling the detectives that Jaynes had met with Campbell on the day of the murder and that Jaynes had left work twice that day, once between 3:00 p.m. and 4:00 p.m. and again between 4:30 p.m. and 5:30 p.m. In September 2015, Smith told a defense investiga- tor for Jaynes that he did not remember whether Jaynes had left work on the day of the murder. He also told the investiga- tor that he had experienced memory problems over the past five years as the result of life stressors and head injuries. In May 2016, Smith testified during a hearing on a motion to dismiss the charges against Jaynes that he did not remem- ber whether Jaynes had left work on the day of the murder. Defendant was tried and convicted of the charged offenses in 2016. Smith did not testify at that trial. Defendant’s convictions were later reversed based on the erroneous denial of a motion to suppress statements that defendant had made to an informant while in jail. State v. Benton, 371 Or 311, 534 P3d 724 (2023). In advance of the retrial, an investigator for the state met with Smith in March 2025. Smith told the state’s investigator that he remembered that Jaynes had left work during his shift at the gas station on the day of the murder, but he could not remember any other details surrounding that fact, such as when Jaynes had left or how long he had been gone. B. Trial Court Proceedings In April 2025, defendant filed a pretrial motion to exclude Smith from testifying that Jaynes had left work during his shift on the day of the murder. In defendant’s pretrial motion, defendant cited several rules of evidence, including OEC 601 and OEC 602.3 Under OEC 601, “any 3 Defendant also argued that Smith’s testimony should be excluded under OEC 401, 402, 403, and 701. The trial court, however, based its ruling on OEC 338 State v. Benton

person who, having organs of sense can perceive, and per- ceiving can make known the perception to others, may be a witness.” That rule is subject to exceptions, including OEC 602, which provides that a witness “may not testify to a mat- ter unless evidence is introduced sufficient to support a find- ing that the witness has personal knowledge of the matter.” In his motion, defendant summarized Smith’s encounters with the police and the varying versions that he had provided when asked whether Jaynes had left work on the day of the murder. Defendant asserted that Smith’s memory of that fact had “been contaminated and altered by various sources, but primarily by suggestive, biased, and coercive police procedures.” Defendant argued that, regard- less of whether Smith had originally perceived whether Jaynes had left work on the day of the murder, Smith could no longer recall and relate his original perception of that fact and, as a result, he was not competent under OEC 601 and no longer had personal knowledge of that fact as required by OEC 602. The state opposed the motion, arguing that Smith was competent to testify because he could understand the questions posed to him and communicate his answers, and he had personal knowledge of what he had observed at work on the day of the murder. The trial court held a hearing on defendant’s motion. At the hearing, both parties offered exhibits reflecting Smith’s various statements about whether Jaynes had left work and Smith’s ability to remember that fact.

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Bluebook (online)
State v. Benton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benton-or-2026.