State v. Scott

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 09-17-2014
  • Case #: A152652
  • Judge(s)/Court Below: Tookey, J. for the Court; Hadlock, P.J; & De Muniz, S.J.
  • Full Text Opinion

Evidence that a complainant assaulted a defendant ten years prior is relevant to a determination of self-defense by a factfinder.

Defendant appealed his convictions for assault and unlawful use of a weapon. The Court addressed Defendant’s second (of five) assignment of error, in which Defendant argued the trial court erred in excluding evidence that the complainant assaulted Defendant ten years prior in support of Defendant’s contention that she was acting in self-defense. The Court held that the exclusion of evidence was in error and was not harmless. A factfinder could have concluded that Defendant’s attempt to lock complainant out, followed by complainant’s forced entry into the home, were evidence to support self-defense. Reversed and remanded on counts 1, 2, and 4; otherwise affirmed.

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