- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 01-26-2022
- Case #: A172621
- Judge(s)/Court Below: Lagesen, C.J. for the Court; James, P.J.; & Kistler, S.J. concurring.
- Full Text Opinion
This case is being heard for the second time; the Supreme Court remanded concluding the trial court improperly excluded the testimony of a defense expert as vouching. The Supreme Court did not say if a new trial was required or if the trial court could determine whether to exclude the evidence on other grounds. The trial court concluded evidence could be excluded under OEC 702 or alternatively OEC 403 and reinstated the judgment. Defendant appealed saying he is entitled to a new trial. State v. Hightower, 368 OR. 378 (2021) was decided after the trial court made it’s decision. Hightower requires a trial court to consider if the record could have developed in a materially different way but for the erroneous exclusion. The Court of Appeals remanded for the trial court to conduct the Hightower analysis. Reversed and remanded.