State v. Thomas

Defendant appeals his conviction of Rape in the First Degree (ORS 163.375), assigning error to the trial court’s ruling permitting (more accurately, requiring) defense counsel to testify on rebuttal for the state. He contends that he was denied the right to a fair trial and to the effective assistance of counsel under both the United States 1 and Oregon 2 Constitutions. For the reasons hereafter stated, we conclude there was error, but that it was invited, and that the questions now presented cannot be raised on direct appeal. Accordingly, we affirm.

Defendant, in the company of a friend,…