State v. Morrow

Defendant appealed a conviction of felony assault and harassment. Defendant assigned error to the trial court's decision to admit evidence of prior, uncharged, domestic violence acts made by Defendant against the same victim. On appeal, Defendant argued that the prior acts of domestic violence were purely character evidence not relevant to his motive on the current night in question. In response, the State argued that the three prior incidents were logically connected and proved Defendant's conduct was motivated by hostility towards the victim and Defendant's desire to control her.  "OEC 404(3) unquestionably forbids the admission of evidence solely to show propensity or that the defendant is a bad person." State v. Johns, 301 Or 535, 548-49, 725 P2d 312 (1986). The Court held that the trial court did err in admitting the evidence because (1) the factual similarities of the prior incidents did not explain "why" Defendant acted in this instance, (2) the motive of general hostility was added on appeal which is a new take on the evidence, and (3) that this case is distinguishable from the cases the State relied on. 

Judgment of conviction for fourth-degree assault and harassment reversed and remanded; otherwise affirmed.