State v. Garcia-Rocio

I disagree with the majority that the trial court failed to exercise its discretion under OEC 403 when it admitted the three challenged portions of the police interview with defendant. I would conclude that, considering all the attendant circumstances, the record does reflect that the trial court consciously engaged in the OEC 403 balancing that State v. Mayfield, 302 Or 631, 645, 733 P2d 438 (1987), requires. Because I would so conclude, I would also address defendant’s argument that the trial court abused its discretion when it admitted the challenged statements. As to that argument, I…