State v. Fuller

Defendant seeks reversal of his conviction for first degree rape. ORS 163.375. He makes two assignments of error: (1) his motion for a mistrial based on prosecutorial misconduct should have been granted; and (2) the state should not have been allowed to impeach its own witness.

Both assignments of error arose from the state’s conduct toward one of its witnesses. The witness had made statements before trial which strongly supported the state’s position that the complainant had not consented to engage in sexual relations with defendant. At trial, the witness’ testimony, though still favorable to…