State v. Faunce

Defendant was charged with and convicted of one count of murder with a firearm, ORS 163.115, and one count of felon in possession of a firearm, ORS 166.270. On appeal, defendant assigns as error the trial court’s denial of his motion to dismiss the indictment with prejudice, arguing that the state violated his due process rights by failing to preserve exculpatory evidence. Defendant also assigns as error the trial court’s exclusion of defendant’s evidence, offered at trial to call into question the adequacy of the state’s investigation of the murder, as irrelevant. For the reasons explained…