State v. Johnstone

Defendant appeals from convictions for first-degree manslaughter, ORS 163.118, third-degree assault, ORS 163.165, and driving under the influence of intoxicants, ORS 813.010. He argues that the court erred in admitting evidence of bad acts under OEC 404(3) for the limited purpose of determining whether he had acted with the requisite “extreme indifference to the value of human life” required for the manslaughter and assault convictions. As explained below, we hold that the trial court erred in admitting some of the evidence in question. However, because we conclude that the admission of that…