STATE v. MORGAN

091770MI; A143475.

284 P.3d 496 (2012)

251 Or. App. 99

STATE of Oregon, Plaintiff-Respondent, v. Nicholas Bryan MORGAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 11, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Daniel C. Bennett , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Justice J. Rillera , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and BREWER, Judge, and EGAN, Judge pro tempore.


BREWER, J.

Defendant, who was convicted of DUII, argues that the trial court erred when it refused to allow defense counsel, pursuant to OEC 706, to impeach on cross-examination two police officers based on provisions of the National Highway Traffic Safety Administration's Field Sobriety Test Instructor's Manual (the NHTSA manual). In additional assignments of error, defendant challenges several other rulings in which the trial court excluded evidence pertaining to...

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