State v. Andrews

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 04-02-2014
  • Case #: A148343
  • Judge(s)/Court Below: Schuman, S.J. for the Court; Duncan, P.J.; and Wollheim, J.
  • Full Text Opinion

In order to preserve an assignment of error, Defendant must argue at trial that testimony must be proven by a preponderance of the evidence.

Defendant appealed conviction of multiple sex offenses against his biological daughter and stepdaughter 1. Defendant assigned error to the trial court's admission of stepdaughter 2's testimony that Defendant also sexually abused her. Defendant argued the state was required to prove by a preponderance of the evidence that he did abuse stepdaughter 2 in order for the testimony to be admissible. At trial, Defendant tried to exclude the testimony under OEC 403 claiming the probative value of the testimony did not outweigh its prejudicial nature. Arguing the testimony was prejudicial did not put state on notice that they were to prove beyond a preponderance of the evidence that he did abuse stepdaughter 2 in order for her testimony to be admissible, and the error was not plain. Therefore, the error was not adequately preserved for appeal. Affirmed.

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