State v. Phillips

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 08-17-2011
  • Case #: A141812
  • Judge(s)/Court Below: Brewer, J. for the Court; Gillette, S.J.
  • Full Text Opinion

When evaluating the relevance of evidence to show bias of a witness, reasonable inferences are permissible but speculation is not.

Defendant was convicted of DUII and fourth degree assault. At trial the defense counsel attempted to introduce into evidence of a tape recording of the altercation between defendant and an officer Kaufman that occurred in the “Intoxilyzer” room at the police station. The trial court was allowed to hear a description of the events but the tape recording was not admitted. Kaufman was not called as a witness. On appeal, defendant contends that the trial court erred in denying admission of the recording because the events captured on video contradict what was written in the police reports. The Court of Appeals held that the inferences that the defendant attempted to make were speculative and not reasonable. Affirmed.

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