Oregon Supreme Court November 30, 2012

by: Stephanie Clark and Abassos • November 30, 2012 • no comments

A victim does not have the right to withhold records necessary to preserve the trial court record for appeal.

A victim has the right to refuse discovery requests under Article I, section 42. But when a trial court holds that a defendant cannot gain access to a victim's discovery, the victim cannot withhold a sealed copy of the discovery from the record to prevent review. Here, the trial court prohibited defendant's access to a copy of the victim's Google search on the night of the alleged sexual assault. The Court holds that the victim must provide a sealed copy to preserve appeal of the trial court's decision. State v. Bray, __ Or __ (2012).