Legal Opinion · Concurrence

State v. Inman

Court of Appeals of Oregon

Decided December 30, 2015No. 12CR0651; A153569Published

1ConcurrenceOrtega, J.

For the reasons expressed in the lead opinion, even assuming for the sake of argument that the trial court plainly erred when it failed to strike certain testimony sua sponte, I would not exercise my discretion to address defendant’s unpreserved claim of error. Additionally, however, though the lead opinion dodges the question of whether the error is plain, I would conclude that the trial court did not plainly err in failing to strike the testimony at issue, because that testimony did not vouch for the credibility of the victim— and certainly not so clearly that the trial court was obligated…

2Cases cited24 opinions

  1. State v. MilbradtOregon Supreme Court · 1988
  2. State v. SouthardOregon Supreme Court · 2009
  3. State v. LupoliOregon Supreme Court · 2010
  4. State v. KellerOregon Supreme Court · 1993
  5. State v. CorkillCourt of Appeals of Oregon · 2014

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