State v. Phillips

594 Argued and submitted September 18, 2020; decision of Court of Appeals and judgment of circuit court affirmed March 4, 2021 STATE OF OREGON, Respondent on Review, v. FRANK MARVIN PHILLIPS, JR., Petitioner on Review. (CC 16CR66428) (CA A165985) (SC S067088)

482 P3d 52

In defendant’s trial for assault and strangulation, the trial court allowed the state to impeach defendant’s testimony with evidence that defendant had previ- ously been convicted of second-degree assault, under OEC 609. The rule permits a witness’s credibility to be impeached with evidence of prior convictions unless “[a]…