Legal Opinion · Dissent

Bryant v. Walker

Court of Appeals of Oregon

Decided October 22, 2003No. 02-01548CV; A118386Published

1DissentEdmonds, P. J.

Among the assignments of error that respondent makes on appeal is the claim that he was denied the opportunity to be heard by the trial court and to cross-examine petitioner in the trial of this matter in violation of the Fourteenth Amendment to the United States Constitution. The majority disposes of that argument on the ground that it was not preserved below. Alternatively, respondent contends that we should review the deprivation of his constitutional right to be heard and cross-examine as error apparent on the record. The majority apparently declines to conduct such a review. I disagree…

2Cases cited5 opinions

  1. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  2. State v. BrownOregon Supreme Court · 1990
  3. State Ex Rel. Juvenile Department v. GeistOregon Supreme Court · 1990
  4. Delgado v. SoudersOregon Supreme Court · 2002
  5. Miller v. LeightyCourt of Appeals of Oregon · 1999

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