[DV_listserv] New PBA case--6/26/13

[Domestic Violence issues]

STATE OF OREGON,
Plaintiff-Respondent,
v.
WENDELL URCEL TEITSWORTH,
Defendant-Appellant.
Deschutes County Circuit Court
MI090018
A145187
Edward L. Perkins, Judge.


At trial, the State filed and won a PBA motion and was allowed to use prior acts of defendant toward victim to show mental state (in this case, recklessness) and to rebut self-defense claim.

On appeal, the Court rejected State's argument regarding mental state, indicating that in this particular case, the conduct itself would be proof of the required mental state. However, the Court upheld the trial court's ruling admitting the PBA evidence based on State v. Yong (after having done a Johns analysis): 

	"Accordingly, under Yong, 206 Or App at 542, evidence of defendant's prior altercations with the victim was admissible to prove "the state's theory that 	defendant had, in fact, been the aggressor[.]"


http://www.publications.ojd.state.or.us/docs/A145187.pdf

*****CONFIDENTIALITY  NOTICE*****

This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. 

************************************