State v. Ritchie

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 08-08-2012
  • Case #: A145184
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Brewer, J.; and Sercombe, J.
  • Full Text Opinion

An error is unpreserved if an objection is not raised with a sufficient explanation for the trial court to identify the error and correct it immediately.

Defendant was convicted of several felonies and appealed, citing as error the trial court's preliminary determination that a photograph was admissible. On appeal, the Defendant asserted that the photograph was inadmissible because there was an insufficient foundation for its introduction. However, the Court, after careful review of the trial court transcript, determined that this was an unpreserved error. The Defendant's initial objection to the photograph was based on discovery violations and due process concerns, because it was introduced on the eve of trial. Although there was an objection raised "on the basis of foundation" right before it was introduced as evidence, the Court found that defendant failed to explain the objection enough to allow the trial court to identify the error and correct it immediately. Affirmed.

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