State v. Oatney

Summary

The Oregon Supreme Court affirmed the Washington County Circuit Court’s pre‑trial order that bars the state from calling witness Johnston when the defense makes certain arguments about who committed the murder. The Court held that ORS 138.045 permits the state’s appeal of that order and that the trial court did not err in allowing the defense to argue that Johnston or another person committed the crime without opening the door to Johnston’s testimony. The decision rests on the scope of contractual use‑and‑derivative‑use immunity and the Kastigar standard.