State v. Pack

A joinder is harmful to a defendant if (1) the evidence under both cases would have been admissible in individual, separate trials for each case and (2) the evidence admitted improperly affected the verdict. State v. Clardy, 286 Or App 745, 772-73 (2017); State v. Marks, 286 Or App 775 (2017).

Defendant appealed his contempt of court (ORS 135.290) judgment. Defendant assigned error to the consolidation of charging instruments in the contempt of court case with assault and harassment case. On appeal, Defendant argued that the joinder was harmful and improper because the two cases were not connected or part of a “common scheme or plan.” A joinder is harmful to a defendant if (1) the evidence under both cases would have been admissible in individual, separate trials for each case and (2) the evidence admitted improperly affected the verdict. State v. Clardy, 286 Or App 745, 772-73 (2017); State v. Marks, 286 Or App 775, 784 (2017). The Court of Appeals concluded that evidence presented for the assault and harassment case could be excluded in the trial for contempt, but the evidence was not harmful to the defendant because it did not affect the verdict. Affirmed.