State v. Reineke

"[A]ll evidence of whatsoever nature tending to throw light upon the relations existing between the accused and the deceased and the feeling between them is competent." State v. Finch, 54 Or 482, 488-89, 103 P 505 (1909); “Evidence that shows a hostile relationship existed between a defendant and his victim tends to shed light on a defendant’s mens rea” State v. Moen, 309 Or 45, 68, 786 P2d 111 (1990).

Defendant appealed from a murder conviction connected to the death of his mother.  Defendant assigned error to the trial court’s admission of evidence regarding the victim’s change in demeanor after Defendant moved in with victim in 2008. On appeal, Defendant argued that the evidence was improperly admitted because the evidence was not relevant, and, if relevant, the potential unfair prejudice of the evidence outweighed its probative value.  In response, the State argued that the trial court properly admitted the evidence under OEC 401 and 403.  Additionally, the State argued that even if there was an error, any error in admitting evidence was harmless.  "[A]ll evidence of whatsoever nature tending to throw light upon the relations existing between the accused and the deceased and the feeling between them is competent." State v. Finch, 54 Or 482, 488-89, 103 P 505 (1909); “Evidence that shows a hostile relationship existed between a defendant and his victim tends to shed light on a defendant’s mens rea” State v. Moen, 309 Or 45, 68, 786 P2d 111 (1990). The Court held that the trial court properly admitted at least some of the evidence and any error by the trial court was harmless. 

Affirmed.