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STATE v. NELSEN

CF040957, A129091.

183 P.3d 219 (2008)

219 Or. App. 443

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Christopher Scott NELSEN, aka Christopher Scott Nelson, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided April 23, 2008.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for appellant-cross-respondent. On the opening brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General. With her on cross-respondent's brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Joshua B. Crowther, Deputy Public Defender, argued the cause for respondent-cross-appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

The state appeals, and defendant cross-appeals, from a trial court order excluding testimony regarding the contents of a lost video surveillance recording, but allowing the use of still photographs made from that recording. The state argues that the trial court erred in preventing it from introducing testimony as secondary evidence of the contents of the lost video recording. Defendant argues that not only...

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