[DV_listserv] Other Acts Case

[Domestic Violence issues]

Good Morning,

Below is a summary of a recent (and good) COA decision re: Other Acts evidence. I've also attached the updated Other Acts list that I maintain.

--Erin

State v. Gonzalez-Sanchez, 283 Or App 800, __ P3d __ (2017) (Washington)(AAG Doug Petrina)

Defendant was charged with multiple sex crimes against a single child victim. The State sought to introduce evidence of other sex acts committed against the victim by the Defendant in a different county (which occurred after the acts/crimes being litigated in Washington Co.).  The court admitted the 'Other Acts' evidence under the State's proffered theories: 1) To demonstrate D's sexual interest in this particular victim (per State. V. McKay); and 2) To provide an explanation regarding Victim's delayed report/disclosure (per State v. Zybach). Upon D's request, the trial court also found that under 403, the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice. The Defendant was convicted of multiple sex crimes.

On appeal, Defendant argued that the trial court committed two errors in conducting OEC 403 balancing: (1) by failing to make an adequate record of its balancing decision; and (2) by concluding that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice

The COA's opinion acknowledges that post-Williams/Turnidge/Brumbach, the court, upon request, must engage in the Mayfield four-part process for 403 balancing.

The COA said that though the trial court did not "walk through" the Mayfield analysis on the record, the record is nevertheless sufficient in that it reflects that the trial court
engaged in the "conscious process of balancing the costs of the evidence against its benefits' that OEC 403 requires."

The convictions were affirmed.

http://www.publications.ojd.state.or.us/docs/A153708.pdf

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