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STATE v. WHITE

140479; CA A28618.

692 P.2d 167 (1984)

71 Or.App. 299

STATE of Oregon, Appellant, v. Robert Terry WHITE, Respondent.

Court of Appeals of Oregon.

Decided December 5, 1984.

Reconsideration Denied January 25, 1985.

Review Denied February 20, 1985.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause, for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Paul J. De Muniz, Salem, argued the cause, for respondent. With him on the brief was Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state seeks reversal of a pretrial order excluding certain evidence from defendant's upcoming arson trial. We find that the trial court abused its discretion by ruling in advance of trial that the evidence was inadmissible and reverse. We also note our continuing concerns about the pitfalls of unnecessary pretrial nonconstitutional evidentiary rulings, which often require a trial judge to resolve complicated...

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