Willamette Law Online

Oregon Court of Appeals


State v. Phillips

Summarized by: 

Date Filed: 08-17-2011
Case #: A141812
Brewer, J. for the Court; Gillette, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A141812.pdf

Evidence: 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.