Legal Opinion · Dissent

State v. MOMENI

Court of Appeals of Oregon

Decided March 3, 2010No. C060992CR; A134490Published

1DissentWollheim, J.

The issue presented by this case is whether the rule stated by OEC 404(3) — that “[e]vidence of other crimes, *203wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith” — makes the testimony of R and K regarding defendant’s prior uncharged crimes inadmissible. That rule “unquestionably forbids the admission of evidence solely to show propensity or that the defendant is a bad person.” State v. Johns, 301 Or 535, 548-49, 725 P2d 312 (1986). Thus, prior bad act, or character, evidence is admissible only if it is both…

2Cases cited8 opinions

  1. State v. JohnsOregon Supreme Court · 1986
  2. State v. PinnellOregon Supreme Court · 1991
  3. State v. Rodriguez/BuckOregon Supreme Court · 2009
  4. State v. JohnsonOregon Supreme Court · 2006
  5. State v. PrattOregon Supreme Court · 1990

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