State v. Stockton

Other misconduct evidence, to be relevant to a defendant’s motive, must “show a common motive among the charged acts and the acts against former partners.” State v. Tena, 362 Or 514, 523-24, 412 P3d 175 (2018).

Defendant appealed multiple convictions, including three counts of assault constituting domestic violence.  Defendant assigned error to the trial court’s admission of evidence of “other charged and uncharged conduct” involving the victim in the current case and two of Defendant’s previous partners.  Defendant contended that the trial court erred in concluding that the other misconduct evidence was relevant.  In response, the state argued that the other misconduct evidence was relevant to show Defendant’s hostile motive.  Other misconduct evidence, to be relevant to a defendant’s motive, must “show a common motive among the charged acts and the acts against former partners.”  State v. Tena, 362 Or 514, 523-24, 412 P3d 175 (2018).  The Court found that the link between the charges and the other conduct—that Defendant engaged in violence against former intimate partners—was insufficient to show a common motive to the charged offenses and therefore not relevant.  Thus, the Court held that the trial court erred by admitting the other misconduct evidence.  The Court affirmed Defendant’s conviction on a drug charge, but otherwise reversed and remanded.