State v. McKarge

Defendant was involved in an altercation with a TriMet bus driver and was convicted of harassment. ORS 166.065. Before trial, defendant subpoenaed the driver’s employment records. During the pretrial proceedings, counsel for Tri-Met requested the court to conduct an in camera inspection of the records to determine whether there were customer complaints indicating past assaultive behavior by the driver. The court examined the records and concluded that they contained no relevant material, so it did not make the records available to defendant for inspection.

In this direct appeal, defendant…