State v. Tucker

The Court of Appeals reversed defendant’s conviction of murder and ordered a new trial because the trial court allowed the prosecution to use improperly obtained wiretap evidence for purposes of impeachment. State v. Tucker, 86 Or App 413, 740 P2d 182 (1987). After first denying both parties’ petitions for review, we allowed a supplemental petition by the state and remanded the case to the Court of Appeals to consider the state’s argument that the court had relied on the wrong version of ORS 41.910, which forbids the evidentiary use of illegally intercepted communications. State v. Tucker,…