[DV_listserv] Other Acts Case and Updated List

[Domestic Violence issues]

State of Oregon v. Apodaca, 291 Or App 268 (2018)

https://cases.justia.com/oregon/court-of-appeals/2018-a161768.pdf?ts=1523460354

Defendant's cross-examination of investigating officer opened the door to introduction of evidence of Defendant's past abuse of the victim, which the state argued was admissible to counter or impeach the evidence that defendant had elicited. See, e.g., State v. Grey, 175 Or App 235, 250, 28 P3d 1195 (2001), rev den, 333 Or 463 (2002) (evidence of a defendant's prior bad act that otherwise would be inadmissible under OEC 404(3) may be admissible under that rule for the non-character purpose of impeaching the defendant's testimony).

Happy Monday, all!



Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Cell: 503.932.7482


*****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. 

************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20180430/587ba39f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Prior_Bad_Acts_List_April_2018.pdf
Type: application/pdf
Size: 1005262 bytes
Desc: Prior_Bad_Acts_List_April_2018.pdf
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20180430/587ba39f/attachment.pdf>