State v. Hughes

The majority concludes that appellant did not adequately preserve his objection to the trial court’s refusal to allow him to subpoena his sons to testify at his civil commitment hearing. Because I conclude that appellant adequately preserved his objection and that the trial court erred in denying appellant’s request to subpoena his sons, I respectfully dissent.

OEC 103 addresses offers of proof. It provides:

“(1) Evidential error is not presumed to be prejudicial. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and: