State v. Dyson

Defendant was charged with the class "A” misdemeanor of "Illegal Possession of Doe Deer.”1 The state appeals, challenging the sanction of dismissal imposed by the trial court after an omnibus hearing for violation of the discovery statute. ORS 135.815. We reverse.

Following a motion to dismiss or, alternatively, to exclude testimony, the trial court made findings of fact reflecting the history of discovery in this case.2 On the basis of the findings the trial court suppressed the testimony of three witnesses and ordered that the state would not be permitted to use the "late” discovery material…