State v. Lotches12/29/2000
e other than establishing the truth of its contents, such as establishing Hall's character as a peaceable family man.
Defendant argues, alternatively, that the statement was inadmissible because it was not relevant, OEC 402, its probative value was outweighed by its prejudicial effect, OEC 403, and its admission violated various of defendant's constitutional rights. Defendant, however, did not make any of those arguments to the trial court and may not do so for the first time here. ORAP 5.45(2). An objection to the admission of evidence on one ground does not preserve an objection on other grounds.State v. Isom, 313 Or 391, 406, 837 P2d 491 (1992).
Defendant concedes that he did not preserve his claims under OEC 402 or OEC 403, but asserts that this court should review the claims nonetheless as plain error. As we already have had occasion to observe, error is "plain" only when "the legal point is obvious, not reasonably in dispute."Brown, 310 Or at 355. In this case, the error, if any, does not rise to that level.
Relevant evidence is "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." OEC 401. This court has stated that OEC 401 is a minimal requirement for the admission of evidence; evidence is relevant even if it only slightly increases or decreases the probability that a material fact exists. State v. Barone, 328 Or 68, 86, 969 P2d 1013 (1998)cert den___ US ___, 120 S Ct 977, 145 L Ed 2d 928 (2000). Under that low standard, we cannot say that Hall's dying statement was irrelevant to his character for peaceableness, which defendant's self-defense theory placed at issue. It may be that the statement's minimal probative value was outweighed substantially by its unfair prejudicial effect. As this court stated inBarone, "generally, evidence is unfairly prejudicial under OEC 403 if it appeals to the preferences of the trier of fact for reasons that are unrelated to the power of the evidence to establish a material fact." 328 Or at 87. Certainly, Hall's dying statement was inflammatory, inasmuch as at least one of its effects likely would have been to appeal to the jury's sympathies for Hall, the victim. Nonetheless, we do not view the matter as so obvious that it is not reasonably open to dispute. Accordingly, we hold that the error, if any, was not one that is apparent on the face of the record.
E. Admission of Documents
Defendant assigns error to the trial court's decision to admit various documents offered by the prosecution: a list of books and pamphlets on weapons, combat tactics, terrorist activities, and false identification that defendant wanted to purchase; an order of post-prison supervision, which defendant was carrying when he was arrested, forbidding defendant from carrying weapons; and a letter that defendant had written to prison officials in early 1992, explaining why he should be eligible for good-time and work release, together with the letter defendant had received from prison staff in response, stating that the reason for his ineligibility was his failure to complete a drug and alcohol treatment program. At trial, defendant objected to the admission of those documents on the grounds that they were irrelevant, cumulative, and unfairly prejudicial. The trial court overruled those objections on all three grounds.
Before this court, defendant repeats those arguments and asserts other, unpreserved, reasons why the exhibits should have been excluded.It is not necessary to discuss at length whether any of those arguments is meritorious because, in each instance, we conclude that defendant has f
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