STATE v. ECKERT

C041579CR, A129968.

185 P.3d 564 (2008)

220 Or. App. 274

STATE of Oregon, Plaintiff-Respondent, v. James Randall ECKERT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 28, 2008.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


SCHUMAN, J.

Defendant appeals from a judgment of conviction for murder, advancing two assignments of error. First, he contends that the court erred in admitting a recorded telephone conversation in which he directly contradicted his trial testimony on a key fact. According to defendant, the state's failure to discover and turn over the recording until after defendant had testified amounted to a violation of the discovery statutes, and the court should have imposed...

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