Description:

Bend, Oregon criminal defense lawyer represented the Defendant charged with "second-degree criminal trespass, ORS 164.245..."

Defendant was "trespassed off the victim's property; he was charged with criminal trespass after returning a few weeks later. In his defense, defendant asserted "that he entered [the victim]'s property because he intended to exercise his constitutional right to petition the government by serving a public-records request on [the victim], who was the chairman of a special road district and stored records at his home." Defendant sought to introduce testimony from the Deschutes County Sheriff regarding information that the Sheriff had "obtained * * * from the [Secretary of [S]tate that * * * [the] normal process for record requests would be to contact the registered agent at the registered address." The state moved to exclude that testimony, and the trial court granted that motion, ruling that the Sheriffs testimony was inadmissible hearsay.

State v. Stevens, 336 Or.App. 499, A181590 (Or. App. Nov 27, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: