- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 07-27-2016
- Case #: A154052
- Judge(s)/Court Below: Duncan P.J. For The Court; Lagesen J., & Flynn J.
- Full Text Opinion
Defendant appealed his conviction for two counts of sexual abuse in the third degree and alleged that the Trail Court erred in denying his motion in limine to exclude evidence that he had previously kissed, snuggled, spoke by phone and asked for photos of the victim. The court concluded that the trial court needed to balance the probative value of the evidence against the unfair prejudice under OEC 403 prior to admitting it. Because the court did not conduct the balancing test, there was due process rights violation under the United States Constitution. Since the error was not harmless, the court reversed and remanded.