State v. Davis

Rule of Law:

Under OEC 701, lay opinion testimony is admissible if rationally based on the witness's perception from personal knowledge and helpful to a fact in issue, even if not medically certain. Evidence of prior acts is admissible under OEC 703 and 705 to explain an expert's opinion, not to prove character. However, out-of-court statements are not relevant simply to show a listener's belief without a medical basis or if subsequent medical diagnoses negate the inference. An evidentiary error is reversible unless there is little likelihood it affected the jury's verdict, as per Article VII (Amended), section 3 of the Oregon Constitution.

Facts:

• Terry Dean Davis's 15-month-old daughter (the victim) died on June 30, 2002.
• The victim lived with her mother, Ecklund, and other children; Ecklund and Davis lived apart, and the victim stayed with Davis overnight sometimes.
• In mid-June 2002, the victim fell off a motel bed during a family vacation but showed no signs of distress.
• On June 25, Ecklund noticed the victim was unwell (vomiting, glassy eyes) and asked her friend Payne, a registered nurse, to examine the victim; Payne noted the victim was unresponsive and believed the victim resembled her own daughter who had suffered a traumatic brain injury.
• Ecklund took the victim to Santiam Hospital, where she was evaluated, treated for dehydration and a viral infection, and her symptoms resolved.
• On June 29, around 7:00 p.m., Davis picked up the victim for an overnight visit; she was fussing but showed no other illness or injury.
• Later that evening, after 10:00 p.m., the victim ate pineapple, then spat up/vomited, became limp and unresponsive; Davis called Ecklund, who then told him to call 9-1-1.
• Paramedics found the victim unresponsive with a low body temperature, a small bruise on her forehead, and bruising on her abdomen; she was transported to Salem Hospital, then to Oregon Health Sciences University Hospital (OHSU) where she underwent brain surgery. Subsequent testing at OHSU showed the victim's brain was no longer functioning, and she was taken off life support on June 30, 2002.
• An autopsy revealed a quart and a half of blood in her abdomen due to a torn mesentery, a swollen brain, retinal hemorrhaging, and bleeding at the base of the optic nerve; the medical examiner concluded these acute injuries were caused by violent shaking or impact within 24-36 hours of death.
• The autopsy also showed the victim had suffered other injuries in the weeks and months before her death, including healing fractures to three ribs, a femur, and possible old fractures on her tibia and fibula.

Procedural Posture:

• Defendant Terry Dean Davis was charged with murder and manslaughter in Marion County Circuit Court.
• In a first trial, a mistrial was declared due to juror misconduct.
• Defendant was reindicted in 2005 on charges of murder and manslaughter, with the state alleging the fatal injuries occurred on or between June 29 and 30, 2002.
• The trial court (Marion County Circuit Court) excluded various pieces of evidence offered by the defense, including: (1) Payne's statement to Ecklund that the victim reminded her of her brain-injured daughter, (2) Payne's lay opinion that the victim looked like she might be suffering from a brain injury, and (3) evidence of the victim's prior physical abuse to support defense expert opinions.
• Defendant was convicted of one count of murder and one count of manslaughter in the circuit court.
• Defendant appealed his convictions to the Oregon Court of Appeals.
• The Court of Appeals reversed the trial court's ruling excluding Payne's testimony that she told Ecklund the victim resembled her brain-injured daughter, but affirmed the trial court's rulings excluding Payne's lay opinion and evidence of the victim's prior physical abuse.
• The State of Oregon petitioned the Oregon Supreme Court for review of the Court of Appeals' decision. Defendant cross-petitioned regarding the rulings affirmed by the Court of Appeals.