State v. Middleton

Defendant was convicted of four counts of rape in the third degree, ORS 163.355; five counts of sexual abuse in the second degree, ORS 163.425; and one count of unlawful delivery of marijuana, ORS 475.860, all arising out of conduct occurring over several days involving two minor female victims. On appeal, he raises nine assignments of error. In the first four, he argues that the court abused its discretion in denying his motions for a mistrial after the jury heard four statements from prosecution witnesses from which it could infer that defendant had engaged in prior uncharged conduct…