State of Oregon, Petitioner on Review v. Ralph Adrian Wyatt, Respondent on Review

Summary

The Supreme Court reversed the Court of Appeals, which had set aside defendant's rape, sexual abuse, and delivery-of-controlled-substance convictions because the trial court excluded his forensic expert as a sanction for a reciprocal-discovery violation without considering less onerous sanctions. The court held that defendant did not preserve the sanction issue at trial: he neither denied that some sanction was warranted nor objected to preclusion or requested an alternative, and raising the point for the first time in a motion for new trial cured nothing. Applying the rule of Castrejon, the court further held that the state's failure to raise preservation below, and its erroneous concession that the issue had been preserved, did not make the unpreserved claim 'properly before' the Court of Appeals under ORAP 9.20(2). The case was remanded to the Court of Appeals to decide defendant's unanswered jury-polling assignment of error.