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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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