Legal Opinion · Dissent

State v. Riddle

Court of Appeals of Oregon

Decided August 26, 1998No. 95CR3069FE; CA A93789Published

1DissentWarren, J.

The majority holds that the trial court erred in allowing the jury to hear highly relevant testimony from *542Myers, a qualified expert. The only reason for its holding is that Myers developed his opinion while working for the side that did not call him as a witness. It does not matter to the majority that Myers based his testimony entirely on the police reports, his measurements at the accident scene, and other generally available information, or that he neither relied on nor revealed any confidential information that he received while he worked for defendant. An expert, in the majority’s view,…

2Cases cited11 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. United States v. NoblesSupreme Court of the United States · 1975
  3. United States Ex Rel. Edney v. SmithDistrict Court, E.D. New York · 1976
  4. Nielsen v. BrownOregon Supreme Court · 1962
  5. State v. MooreCourt of Appeals of Oregon · 1980

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