State v. Brumbach

Defendant appeals a judgment of conviction for three counts of sexual abuse in the first degree, ORS 163.427.1 In supplemental briefing submitted after the Supreme Court’s recent decision in State v. Williams, 357 Or 1, 346 P3d 455 (2015), defendant argues that, under Williams, the trial court erred when it allowed the state to present evidence of defendant’s other acts — that is, evidence of his misconduct that was not the subject of the present charges — without balancing the danger of unfair prejudice posed by that evidence against its probative value.2 The state responds that defendant’s…