State v. Chandler

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 02-25-2015
  • Case #: A152098
  • Judge(s)/Court Below: Garrett, J. for the Court; Ortega P.J.; & DeVore, J.
  • Full Text Opinion

Arguments not preserved in the trial court, and not accompanied by a request for plain-error review, will not be considered for the first time on appeal.

Defendant appealed his conviction for two counts of sexual abuse. While staying overnight at the home of a friend, Defendant sexually abused a seven and a twelve year old girl. The investigating detective interviewed Defendant, expressing that he believed Defendant was lying and that the victims were being truthful. The detective concluded the interview by arresting Defendant. During trial, Defendant objected to the introduction the video of this interview, including the comments regarding Defendant’s likely guilt. Defendant claimed that the detective’s statements unfairly prejudiced him and moved to exclude the questionable statements from the video. The trial court denied his motion and Defendant was convicted. On appeal, the Court held Defendant had not preserved this argument an was not entitled to review of this unpreserved objection, especially considering that Defendant did not request plain-error review. Defendant’s argument that out-of-court statements were impermissible comments on credibility has only been extended by the Supreme Court to in-court statements, not like those made by the detective. Affirmed.

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