State v. Knight

A jury convicted defendant of sexual abuse in the first degree, ORS 163.427, and unlawful sexual penetration in the second degree, ORS 163.408. Defendant appeals, arguing that the trial court erred in allowing the state to play for the jury a recording of a telephone conversation in which defendant made several very disparaging remarks about his attorney. He argues that the recording was irrelevant, that any probative value it may have had was outweighed by the danger of unfair prejudice, and that allowing the jury to hear the recording violated his constitutional right to counsel. We reject…