Oregon Supreme Ct - March 10, 2016

by: Aalvarez • March 11, 2016 • no comments

Appellate Procedure - Waiver of Objection

In a brief opinion, the Oregon Supreme Court allowed the defendant’s petition for reconsideration of State v. Agee. In the original opinion, the Oregon Supreme Court held that the trial court erred in overruling the defendant’s second and third objections to the prosecutor’s cross examination of a witness during a pre-trial hearing, but ultimately ruled that the error was harmless and declined to reverse the defendant’s conviction. On reconsideration, the Oregon Supreme Court clarifies its opinion by explaining that the defendant waived his first objection to the prosecutor’s cross-examination of the witness by conceding at the hearing that the prosecutor’s original line of questioning was proper. Further, the Oregon Supreme Court denies reconsideration of its previous conclusion that the trial court's error in permitting extensive cross examination of the witness was harmless. Former opinion is modified and adhered to as modified. State v. Agee, 358 Or. 749 (2016)