State v. Olson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 05-29-2014
  • Case #: A150290
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Hadlock, J.; & Tookey, J.
  • Full Text Opinion

Under OEC 404(3), a court considers six factors to determine whether evidence of prior acts may be admitted to demonstrate intent in a criminal trial.

Defendant Olson appeals her jury conviction for the murder of her husband. The State charged Defendant with murder for stabbing her husband with a knife and tried to show intent by introducing evidence that Defendant plead guilty to second-degree assault for stabbing her husband with a knife nine months prior to the murder. The Defendant asserted on appeal that this evidence was inadmissible under OEC 404(3), which deals with evidence of prior criminal acts. The Court held that the trial court did not err in determining that five of the six factors to determine whether evidence or prior acts are admissible were met. Additionally, the Court held that the trial court did not err in finding that the final factor was not necessary to consider because there was no violation of due process. Affirmed.

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