Disclosure to the state
Source:
Section 135.835 — Disclosure to the state, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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Notes of Decisions
Finding that discovery violation prejudiced other side is not prerequisite to refusal to allow witness to testify. State v. Wolfe, 21 Or App 717, 536 P2d 555 (1975), aff’d 273 Or 518, 542 P2d 482 (1975)
Under this section, if defense counsel, though not certain, can “reasonably predict” use of certain exhibits to impeach state’s witness, timely discovery must be given to prosecutor, at risk of discretionary suppression. State v. Young, 94 Or App 683, 767 P2d 90 (1989)
Defense counsel’s instruction to witnesses to not discuss case with prosecutor out of defense counsel’s presence violated this section. State v. Ben, 310 Or 309, 798 P2d 650 (1990)
Where four days before trial, in violation of timeliness requirements of this section, defendant’s attorney sent state notice he intended to call expert to challenge accuracy of Intoxilyzer and moved for continuance to remedy any prejudice to state, trial court erred in denying motion for continuance and excluding expert testimony on basis it would encourage poor practice by defense bar; speculative future harm to state or judicial system was not sufficient to allow witness exclusion. State v. Girard, 113 Or App 238, 832 P2d 463 (1992)
Written statements are “relevant” and subject to disclosure only if pertaining to specific testimony to be given by particular witness being called. State v. Divito, 152 Or App 672, 955 P2d 327 (1998), aff’d on other grounds, 330 Or 319, 5 P3d 1103 (2000)
Law Review Citations
18 WLR 282 (1982)