State v. Berry

Defendant appeals from his conviction for knowingly fishing with a gillnet in a closed season, a Class A misdemeanor. ORS 509.011. He alleges that the exclusion of evidence relating to his religious beliefs prevented him from presenting a defense based on the First Amendment. We affirm.

Defendant is a member of the Confederated Tribes of the Siletz Indians and also a leader of the Native American Church, Siletz and Warm Springs branches. Through his own and an expert witness’ testimony he offered evidence relating to specific religious practices and ceremonies of the Native American Church.…