State v. Dyson

The state appealed to the Court of Appeals from an order by a trial court allowing defendant’s motion under ORS 135.865 1 to exclude testimony of all state’s witnesses upon the ground that the state had not complied with defendant’s request for discovery by providing defendant with the names of the state’s witnesses and their written statements as required by ORS 135.815. 2 The Court of Appeals reversed that order by the trial court, holding that under its previous decisions 3 “exclusion of evidence is appropriate only where the violations substantially prejudice the other party in preparing…