State v. Mills

Defendant was indicted for assault in the fourth degree of his four-month-old daughter. ORS 163.160. The circuit court granted defendant’s pretrial motion to limit evidence 1 by prohibiting the state from introducing evidence of the defendant’s mistreatment of his daughter prior to the date of the crime charged in the indictment and to prohibit the state from questioning or impeaching the defendant’s wife as to prior mistreatment of their child. The state appeals both rulings.

The circuit court heard testimony from a deputy sheriff and a Children’s Services Division worker regarding a number…