[DV_listserv] New Prior Bad Acts Case

[Domestic Violence issues]

. This case is a great affirmation of State v. Yong, 206 Or App (2006), with a twist-see pages 16-17, specifically, for the Court's rather strict interpretation of how/when prior uncharged acts would be relevant to prove intent (when the Defendant denies that the instant offense even occurred).


State v. Hutton
Date Filed: 05/16/2012
Case #: A142745
Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
http://courts.oregon.gov/Publications/A142745.pdf

Evidence: Evidence of prior misconduct is admissible to show intent
even where it is not a contested issue so long as mens rea is an
element to a crime charged.

Defendant appealed the trial court's ruling allowing in evidence of a
prior bad act. Defendant was accused of hitting his girlfriend, Ms.
Feinstein in the mouth and burning her with a cigarette during an
argument. He was subsequently charged and convicted of two counts of
fourth-degree assault and two counts of harassment. After Defendant's
opening statement the State moved in limine for a ruling on the
admissibility of Defendant's prior act of hitting the Ms. Feinstein in
the lip during an argument. Defendant asserted that the trial court's
ruling was in error because the evidence was proffered to prove
intent, which was not in dispute because Defendant was denying that he
caused the injuries to Ms. Feinstein. The Court of Appeals held that
where intent is an element to a crime charged the State is permitted
to offer evidence of prior misconduct to show intent even where the
accused is not contesting the issue of intent. Affirmed.

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