State v. Cervantes

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 05-20-2015
• Case #: A146982
• Judge(s)/Court Below: Haselton, C.J., for the Court; Nakamoto, P.J.; & Egan, J.

Testimony cannot be preemptively denied on the sole basis that it may be inadmissible before the trier of fact unless exceptional circumstances arise which would allow for such preemption to occur.

Defendant appeals five of twenty-one counts for which he was convicted of alleging that the trial court erred in precluding the defense counsel's cross-examination of the victim pertaining to certain sexual conduct and purported consent given by the victim. The Court concluded that, under the circumstances of this case, the State engaged in questioning the victim during direct examination regarding uncharged sexual conduct with Defendant and that the defense's purpose in cross-examination of the victim would not have been cumulative and “qualitatively different” evidence than what the jury had already heard. The Court also noted that the right to cross-examine is “implicit in the constitutional right of confrontation.” Counts 1, 2, 3, 4, & 6 reversed and remanded; remanded for resentencing; otherwise reaffirmed.

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