- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 11-09-2011
- Case #: A142958
- Judge(s)/Court Below: Brewer, C.J. for the Court; Haselton, P.J.; & Armstrong, J.
Defendant appealed multiple convictions for crimes of domestic violence committed against his wife. The trail court admitted evidence of his prior acts of domestic violence against another women. The State asserted the evidence was admissible under State v. Johns and OEC 404(4). On appeal, defendant argued that the Johns test was inapplicable, and that the trial court erred in overruling his due process objection to the evidence under OEC 403. Defendant did not preserve the issue of applicability of the Johns test, but did preserve his due process argument. The Court of Appeals rejected the idea of a due process violation, holding that OEC 404(4) bars trial courts from excluding evidence under OEC 403, “unless constitutionally required.” The trail court ruled, and the Court of Appeals affirmed, that defendant did not put forth any argument that would have required the court to perform a OEC 403 balancing test. Affirmed.