Oregon Appellate Ct - April 5, 2017

by: Sara Werboff • April 7, 2017 • no comments

State v. Wright, 284 Or App 641 (2017) (Devore, J.)

State v. Rodriguez, 284 Or App 652 (2017) (Tookey, P.J.)

State v. Diaz, 284 Or App 655 (2017) (per curiam)

State v. Reedy, 284 Or App 657 (2017) (per curiam)

State v. Keller, 284 Or App 660 (2017) (per curiam)

State v. Hannah, 284 Or App 662 (2017) (per curiam)

State v. Hodges, 284 Or App 665 (2017) (per curiam)

State v. Spence, 284 Or App 667 (2017) (per curiam)

DHS v. R.F., 284 Or App 669 (2017) (per curiam)

Per Curiam – Trial Court Erred in Failing to Conduct OEC 403 Balancing Required

The court accepts the state’s concession that, under current Court of Appeals case law (currently under review at the Oregon Supreme Court), the trial court erred in admitting evidence of defendant’s prior convictions without first conducting OEC 403 balancing at defendant’s request and a new trial is the remedy.

State v. Brown, 284 Or App 671 (2017) (per curiam)