State v. Disorbo

Defendant appeals his jury convictions of rape and sodomy in the first degree, contending that (1) he was denied due process of law in violation of the Fourteenth Amendment because he was unable to present the testimony of an eyewitness who, the state acknowledges, would have given exculpatory testimony, and (2) the trial court erred in denying his motion for a new trial based on newly discovered evidence. We affirm.

The victim met defendant and "Jim Phillips” in a Eugene tavern. The three drank several glasses of beer together and played some pool. The victim agreed to accompany the men to…