State v. Lee

This is a criminal case in which defendant is charged with manslaughter in the first degree, ORS 163.118, 1 for causing the death of a child. The state seeks reversal of a pretrial order excluding evidence. The sole issue on appeal is the admissibility of the proffered evidence.

Defendant lived with his girlfriend and her 22-month old son. In January, 1986, he spanked the child with a belt and, as a result, the juvenile court took jurisdiction over the child. In February, 1986, the juvenile court returned the child to the mother while defendant was still living with her. It imposed certain…