Legal Opinion · Dissent

State v. Ryel

Court of Appeals of Oregon

Decided July 10, 2002No. 97-0705; A102860Published

1DissentArmstrong, J.

The majority concludes that defendant failed adequately to preserve his objection to the trial court’s decision not to admit evidence about the victims’ violent characters. In my view, defendant’s offer of proof was sufficient and the trial court erred in excluding that evidence. I further conclude that the error was prejudicial and that defendant’s convictions for involuntary manslaughter, attempted murder, and assault should therefore be reversed and remanded for a new trial. Accordingly, I dissent.

There was evidence at trial from which the jury could find that defendant fired his weapon in…

2Cases cited11 opinions

  1. State v. HansenOregon Supreme Court · 1987
  2. State v. Juarez-GodinezOregon Supreme Court · 1997
  3. State v. OlmsteadOregon Supreme Court · 1990
  4. State v. AffeldOregon Supreme Court · 1988
  5. Sproul v. FossiOregon Supreme Court · 1976

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