State v. Betcher

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 11-04-2015
  • Case #: A155698
  • Judge(s)/Court Below: Lagesen, J. for the Court; Ortega, P.J.; & Garrett, J.
  • Full Text Opinion

Oregon's non-vouching rule prohibits the admission at trial of evidence of one witness's opinion about another witness's credibility expert or otherwise.

The driver appealed from a conviction of driving under the influence of intoxicants, reckless driving assault in the forth degree, and criminal mischief in the second degree on the grounds that the trial court erred in allowing the officer to testify on his opinion of the credibility of the other witness. Defense counsel properly objected to the prosecutions line of questioning. The trial court overruled the objection. The Court held that the trial court erred in admitting the testimony. The Court also held that the defendant did not need to take any additional steps to preserve the assigned error. Reversed and remanded.

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