State v. White

*301ROSSMAN, J.

The state seeks reversal of a pretrial order excluding certain evidence from defendant’s upcoming arson trial. We find that the trial court abused its discretion by ruling in advance of trial that the evidence was inadmissible and reverse. We also note our continuing concerns about the pitfalls of unnecessary pretrial nonconstitutional evidentiary rulings, which often require a trial judge to resolve complicated legal issues in a vacuum.

Defendant was charged with first degree arson, ORS 164.325, attempted theft in the first degree, ORS 164.055, and tampering with a witness. ORS…