Rule 609-1. Impeachment for bias or interest
Source:
Section 40.360 — Rule 609-1. Impeachment for bias or interest, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
Notes of Decisions
Where defense sought to examine police officer concerning his knowledge of standard police department procedures employed against officers who use unnecessary force, failure to permit this testimony was reversible error where purpose of examination was to test officer for bias and corruption. State v. Hubbard, 61 Or App 350, 657 P2d 707 (1983), aff’d 297 Or 789, 688 P2d 1311 (1984)
Condition in plea agreement that witness testify truthfully was inadmissible because irrelevant to showing lack of bias or interest. State v. Eby, 296 Or 63, 673 P2d 522 (1983)
Where evidence of bias, that does not consist of conduct or statements of witness, is not subject to foundation requirements of this section, court erred by not allowing plaintiff to introduce evidence that major witness for defendants was employed by one of them. James v. General Motors of Canada, Ltd., 101 Or App 138, 790 P2d 8 (1990), Sup Ct review denied
Statute limits admissibility of evidence of other crimes, wrongs or acts to attack credibility of witness, but such evidence may be introduced for other purposes. State v. Bolt, 108 Or App 746, 817 P2d 1322 (1991)
When defendant had basis for asserting that witness made deal with police, trial court erred by not allowing defendant to ask witness in offer of proof about arrest record. State v. Rodriguez, 115 Or App 281, 840 P2d 711 (1992)
Court may exclude relevant evidence of witness bias on grounds of undue prejudice only if court gives party opportunity to introduce other evidence from which bias may be inferred. State v. Tyon, 226 Or App 428, 204 P3d 106 (2009); State v. Haugen, 349 Or 174, 243 P3d 31 (2010)
“Public record” under this section includes Oregon Judicial Information Network (OJIN) case register because Oregon courts must keep case register and use OJIN record for this purpose. State v. Thomas, 257 Or App 770, 308 P3d 270 (2013)
Trial court committed error that was not harmless when trial court excluded impeachment evidence of bias of witness against defendant, because prosecution’s theory of case was based on credibility of witness and assertion that witness lacked motive to lie about defendant. State v. Shepherd, 305 Or App 312, 468 P3d 487 (2020)
Law Review Citations
28 WLR 127 (1991)
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