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State v. Miller

Citations

  • 969 P.2d 1006
  • 327 Or. 622
  • 1998 Ore. LEXIS 943

How courts have described this case

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

  • recognizing the risk that a jury may use evidence admitted to prove one count in deciding whether the state has proved a joined count
  • requiring a “case-by-case assessment” on the issue of substantial prejudice resulting from joinder
  • When charges against a defendant are “joined lawfully for trial,” the evidence of the defendant’s criminal conduct is “relevant to prove that defendant had perpetrated the partic- ular offenses to which that evidence pertain[s].”
  • “The inquiry into the likelihood of prejudice under ORS 132.560(3) may encompass an analysis of the admissibility in a joint trial of evidence of prior crimes, wrongs, or acts under OEC 404(3)[,] * * * [h]owever, the question of prejudice under ORS 132.560(3
  • whether joinder of the offenses was likely to cause prejudice
  • affirming denial of motion to sever

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Van Hoomissen Durham, Durham

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

4 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.