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State v. Leistiko

Summarized by: 

Date Filed: 11-08-2012
Case #: S059191
Kistler, J. for the Court; En Banc.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/S059191.pdf

Appellate Procedure: On a petition for reconsideration, the Supreme Court may decline to address an issue if the issue was not raised in a lower court.

Defendant sought reconsideration for the Oregon Supreme Court's decision in State v. Leistiko. The Defendant argued that the Court declined to address two issues that were raised in the Court of Appeals and the Court's decision to admit evidence of another crime. The Court held that the Defendant raised two issues on review, but the Court declined to address the Fourth Amendment claim because the Court focused on the evidence of another crime. Secondly, the Defendant argued the trial court's admission of testimony regarding forced intercourse with a woman influenced his other convictions. The Court agreed, but the Defendant did not specify which first-degree rape conviction may have been affected. On reconsideration, the Court reviewed the Court of Appeals' briefs and determined the Defendant did not raise this issue at the Appellate level. Therefore, the Court declined to address the Defendant's arguments. Petition for reconsideration is allowed. The former opinion is adhered to as modified.