State v. Pyle

The state seeks reversal of a pretrial order granting defendant’s motion to exclude evidence of his acts of violence against his wife and a former spouse before the events that led to his wife’s death. ORS 138.060(3). First, the state contends that the evidence meets the criteria established in State v. Johns, 301 Or 535, 555-56, 725 P2d 312 (1986), for determining probative value. Second, the state argues that, even if the Johns criteria are not met, section 29 of Senate Bill 936 (SB 936) requires the admission of the evidence. We review for errors of law, ORS 138.220, and affirm.

Defendant…