Deschutes County Circuit Court, Oregon· 7/7/2016

State v. Clarke

Citations

279 Or. App. 373
379 P.3d 674
2016 Ore. App. LEXIS 895

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that failure to give Leistiko instructions when evidence was not admitted under a doctrine of chances theory was not “obvious” because it was not error
explaining that evidence of prior threats toward the victim “tended to show that defendant’s animosity toward the victim was so strong that he was moved to engage in violence against him”
contemplation of killing ex-girlfriend relevant to motive for killing roommate a month later based on roommate’s ongoing romantic relationship with ex-girlfriend
“When nonpropensity evidence is sought to be introduced under OEC 404(3), OEC 403 balancing is required in response to a proper motion.”
“Turnidge strongly indicates that the Moen court was incorrect in applying the Johns framework to the evidence at issue in that case.”
defendant did not preserve request for OEC 403 balancing where he failed to request balancing at the pretrial hearing or when the evidence was presented to the jury

Source: CourtListener parenthetical corpus (CC0).

Judges: Hadlock, Sercombe, Tookey

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

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