State v. Smalley

Upon trial by jury the defendant was convicted of unarmed robbery (ORB 163.290). The defendant assigns as error the court’s refusal to allow defense counsel to cross-examine the state’s primary witness about her testimony and conduct two and a half years earlier in a prior unrelated case involving the same defendant. An offer of proof was then made which showed that the witness had testified falsely against defendant and had secreted evidence favorable to him from the police:

“Q The specific facts of this was when Don hit a person who had a gun on him, and Don knocked the gun out of the…