stating that, regarding OEC 803(4), “the declarant’s motivation *** is the touchstone of reliability”
How later courts described this case
- stating that, regarding OEC 803(4), “the declarant’s motivation *** is the touchstone of reliability”
- "If, however, the alternative ground for affirmance * * * is asserted for the first time on appeal and it appears that the opposing party could have developed the record differently had that ground been raised at trial, then preservation principles preclude reliance on the new, alternative ground."
- “[A]lthough it is axiomatic that we may affirm on grounds not argued to the trial court, there is no authority for the proposition that, without invoking ‘plain error,’ we can reverse the trial court on grounds not argued to it.” (emphasis in original)
Written by the judges who cited it.
The opinion
ARMSTRONG, J.,
dissenting.
I dissent for the reasons stated in Judge Wollheim’s dissent and in parts III and IV of Judge Edmonds’ dissent.