State v. Oliver

Under OEC 404(4) as construed by State v. Williams, 357 Or 1 (2015), evidence of other acts by a defendant may be admissible if the evidence is relevant under OEC 401 and its probative value outweighs the danger of unfair prejudice as described in OEC 403.

Defendant appealed a conviction of fourth-degree assault after an incident with his girlfriend. Defendant claimed at trial that he was defending himself, and that he was a caring man who would not physically hurt another person. The State moved to introduce evidence in the form of testimony from the victim that defendant had previously been violent toward the victim. Defendant was convicted. On appeal, Defendant argued the trial court erred when it permitted the victim to testify about the prior incidents of violence. The Court held the trial court had properly found that under OEC 404(4) as construed by State v. Williams, 357 Or 1 (2015), evidence of other acts by Defendant were admissible because the evidence was relevant under OEC 401 to the issue of Defendant’s credibility, and Defendant had not challenged the trial court’s use of discretion in finding that the testimony’s probative value outweighed the danger of unfair prejudice as described in OEC 403. Affirmed.