Maney v. Carlton Zenon

Petitioner Paul Julian Maney was convicted in Oregon state court of aggravated murder, for the death of Ronald Pagnano. The indictment alleged that Maney shot a "witness in a criminal proceeding," in violation of O.R.S. 163.095(2)(a)(E). A jury found him guilty. He was sentenced to life imprisonment and received an enhanced penalty for the aggravated murder conviction. On direct appeal, defendant asserted that the murder victim was not, in fact, a "witness in a criminal proceeding" within the meaning of the statute because, at the time of his death, the victim was not serving as a witness, had not been subpoenaed to testify, nor was there any evidence that he had ever testified as a witness in a criminal proceeding related to defendant. The Oregon Court of Appeals affirmed defendants conviction without opinion.