State v. Davis

Defendant is charged with the intentional homicide of Carrie Hammock. ORS 163.115. The state seeks reversal of a pretrial order excluding evidence of defendant’s prior acts of violence against Hammock and statements made by her and defendant during and regarding those incidents. ORS 138.060(3). The trial court excluded the evidence under OEC 404(3) and OEC 802. The state argues that the evidence is relevant and is either nonhearsay or falls within a hearsay exception. We affirm in part and reverse in part.

For purposes of the trial court’s pretrial rulings, the state offered the following…