STATE v. RIDDLE

(CC 95CR3069FE; CA A93789; SC S46170)

8 P.3d 980 (2000)

330 Or. 471

STATE of Oregon, Petitioner on Review, v. Douglas Leroy RIDDLE, Respondent on Review.

Supreme Court of Oregon.

Decided August 10, 2000.


Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Walter J. Ledesma, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was David E. Groom, Public Defender.

Charles S. Tauman, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and LEESON, Justices.


GILLETTE, J.

In this criminal case, we are asked to decide whether a defendant may prevent an accident reconstruction expert, whom the defense originally had hired to investigate the accident on which the criminal charges were based, from testifying for the state about an opinion that the expert formed while in the defendant's employ. We hold that a privilege to prevent such an expert from testifying altogether cannot be based solely on the fact that the state offers...

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