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State v. Weinstein

Oregon Court of Appeals
Aug 21, 1991
814 P.2d 565 (Or. Ct. App. 1991)

Summary

In State v. Weinstein, 108 Or.App. 486, 487, 814 P.2d 565 (1991), we agreed with the state's concession that the trial court erred in not allowing the defendant to impeach the state's witness by eliciting on cross-examination evidence that the witness was on probation; the evidence showed bias, because the witness had a motive to lie to avoid having his probation revoked.

Summary of this case from State v. Dunning

Opinion

D893447M; CA A63617

Argued and submitted June 20, 1991

Reversed and remanded August 21, 1991

Appeal from District Court, Washington County.

Karl W. Freerksen, Jr., Judge.

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Cynthia A. Forbes, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.

PER CURIAM

Reversed and remanded for new trial.


Defendant appeals his convictions for assault, harassment and criminal mischief. ORS 163.160; ORS 166.065; ORS 164.354. The victim, Mullinix, testified that defendant, an acquaintance, came to his house and attacked him. Defendant sought to impeach him by eliciting on cross-examination evidence that Mullinix was on probation. Defendant argued that the evidence showed bias, because Mullinix had a motive to lie about the fight to avoid having his probation revoked. The state concedes that it was prejudicial error to exclude the evidence. We accept that concession.

Reversed and remanded for a new trial.


Summaries of

State v. Weinstein

Oregon Court of Appeals
Aug 21, 1991
814 P.2d 565 (Or. Ct. App. 1991)

In State v. Weinstein, 108 Or.App. 486, 487, 814 P.2d 565 (1991), we agreed with the state's concession that the trial court erred in not allowing the defendant to impeach the state's witness by eliciting on cross-examination evidence that the witness was on probation; the evidence showed bias, because the witness had a motive to lie to avoid having his probation revoked.

Summary of this case from State v. Dunning

In State v. Weinstein, 108 Or App 486, 487, 814 P2d 565 (1991), we agreed with the state's concession that the trial court erred in not allowing the defendant to impeach the state's witness by eliciting on cross-examination evidence that the witness was on probation; the evidence showed bias, because the witness had a motive to lie to avoid having his probation revoked.

Summary of this case from State v. Shelly
Case details for

State v. Weinstein

Case Details

Full title:STATE OF OREGON, Respondent, v. ALEC EATON WEINSTEIN, Appellant

Court:Oregon Court of Appeals

Date published: Aug 21, 1991

Citations

814 P.2d 565 (Or. Ct. App. 1991)
814 P.2d 565

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