STATE v. PHILLIPS

A141812; D090271M.

261 P.3d 55 (2011)

245 Or. App. 38

STATE of Oregon, Plaintiff-Respondent, v. Stephen Michael PHILLIPS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 17, 2011.


Attorney(s) appearing for the Case

Jedediah Peterson , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Justice Joy Rillera , Assistant Attorney General, argued the cause for respondent. With her on the brief was John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Before BREWER, Chief Judge, and GILLETTE, Senior Judge.


BREWER, C. J.

Defendant appeals his convictions for assault in the fourth degree and driving under the influence of intoxicants (DUII). Defendant assigns error to the trial court's denial of his motion in limine to admit evidence of an altercation that he had with a police officer inside the Intoxilyzer room of the Hillsboro police station. That evidence was admissible, defendant argued, to impeach another officer—who had been present in the room but...

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