State v. Mackey
State v. Mackey
Opinion of the Court
*749*560The state petitions for reconsideration of our decision in State v. Mackey ,
We modify our former opinion by inserting the following after the block quote at
"And, shortly thereafter, when defense counsel further explained his objection to the exclusion of that testimony, the trial court stated:
" 'Objection understood. I just want to clarify that the--certainly they haven't known each other all their lives. They testified to about two years, and in light of the fact that he was only able to think of two instances, that, to me, tells me that the quality of the contacts were not sufficiently robust enough or frequent enough to have developed an opinion about truthfulness that's supportable to be presented at trial.' "
We further modify our former opinion by replacing the third sentence of the first full paragraph at
Finally, we modify our former opinion by replacing the second full paragraph at
*561"In articulating why, in its view, the relationship between defendant's father and the victim was inadequate to allow him to form a personal opinion regarding her character for untruthfulness, the trial court summarily characterized the relationship between the two as 'one in passing.' Although the trial court later reasoned that the specific instances that the witness described were not 'sufficiently robust enough or frequent enough' for him to have formed an admissible opinion, the court's assessment of those factors did not, as we explain below, comport with our decision in Maxwell . See id . at 154-55 (recognizing frequency and recency of contacts as factors the court may consider in exercising its discretion under OEC 608(1) ). Thus, the trial court's otherwise appropriate consideration of those factors cannot, standing alone, support the court's decision to exclude the testimony of defendant's father."
We adhere, however, to our earlier disposition of the case. As the state observes in its petition for reconsideration, our opinion notes that the trial court appears to have relied in part on its own assessment of the father's credibility in concluding that defendant had not laid a sufficient foundation,
Reconsideration allowed; former opinion modified and adhered to as modified.
Reference
- Full Case Name
- STATE of Oregon, Plaintiff-Respondent v. Brendan Scott MACKEY
- Cited By
- 3 cases
- Status
- Published