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STATE v. LIPKA

A159657.

413 P.3d 993 (2018)

289 Or. App. 829

STATE of Oregon, Plaintiff-Respondent, v. Joshua Scott LIPKA, aka Joshua Scott Lipka, Sr., Defendant-Appellant.

Court of Appeals of Oregon.

January 18, 2018.

Attorney(s) appearing for the Case

Brett J. Allin , Deputy Public Defender, argued the cause for appellant. With him on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Shannon T. Reel , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeVore, Presiding Judge, and Garrett, Judge, and Powers, Judge.

Defendant appeals a judgment of conviction for resisting arrest, ORS 162.315, assigning error to the trial court's ruling admitting evidence that defendant repeatedly used the word "nigger" when speaking to a police officer. Defendant argues that the evidence should have been excluded under OEC 4031 because...

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