State v. Slay

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 03-06-2024
  • Case #: A178236
  • Judge(s)/Court Below: Kamins, J. for the court; Tookey, J.; Egan, J.
  • Full Text Opinion

Under OEC 403, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.

Defendant was convicted of conspiracy to commit second-degree murder for soliciting her boyfriend and a friend to kill her ex-husband.  On appeal, Defendant assigned error to the court’s decision to admit two photos.  Defendant argued the photos were not relevant and were unduly prejudicial.  Under OEC 403, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.  The Court reasoned the photographs were relevant to show the contentious relationship between the victim and Defendant’s boyfriend.  Further, these photos did not unfairly prejudice the Defendant because the boyfriend had plead guilty to his role in the attempted murder.  The Court held that there was no abuse of discretion in admitting the photographs.  AFFIRMED. 

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