STATE v. CARTWRIGHT

(97 CR 1088; CA A101495)

20 P.3d 223 (2001)

173 Or. App. 59

STATE of Oregon, Respondent, v. David Brian CARTWRIGHT, Appellant.

Court of Appeals of Oregon.

Decided March 14, 2001.


Attorney(s) appearing for the Case

Kenneth A. Morrow, Eugene, argued the cause for appellant. With him on the brief was Morrow, Monks & Sharp, P.C.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.


LINDER, J.

Defendant appeals from a judgment of conviction on eight counts of harassment, ORS 166.065, and two counts of criminal trespass in the second degree, ORS 164.245 (1997). The primary issue presented is whether defendant was entitled, either before or during trial, to inspect a nonparty's "privileged" audiotape recordings for possible inconsistent prior statements of the victim-witnesses. Defendant also challenges the trial court's jury instruction on the...

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