[DV_listserv] DV Victim's prior assaults on Defendant admissible impeachment evidence

[Domestic Violence issues]

State of Oregon v. G. R. M.
(Duncan, P. J.)
In this criminal case, defendant appeals the trial court's judgment convicting him of harassment, asserting that
the trial court erred by excluding evidence that the complaining witness had physically attacked him a few
weeks before she made the allegations on which the charges against him were based. Defendant contends
that the evidence that he sought to introduce was relevant and admissible evidence of bias.

Held: The trial court erred by excluding the evidence, and the error was not harmless. Defendant's proffered evidence was
relevant to whether the complaining witness was biased against defendant and, therefore, was relevant to
whether the complaining witness's account of the alleged crimes was credible; as such, it was admissible as
impeachment evidence. Additionally, the proffered evidence was qualitatively different from the admitted
evidence, and, therefore, the error was not harmless. Reversed and remanded.

http://law.justia.com/cases/oregon/court-of-appeals/2015/a151158.html


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