State v. Brown

LINDER, S. J.

The state petitions for reconsideration in State v. Brown, 284 Or App 671, 393 P3d 274 (2017). In Brown, we held that the trial court erred by admitting other acts evidence without first weighing the risk of unfair prejudice against the probative value of that evidence, pursuant to OEC 403. Id. at 672. We reversed and remanded, explaining in our opinion that defendant was entitled to a new trial, consistent with the remedy dictated by our recent case law. Id. In doing so, we noted that the Oregon Supreme Court then had under advisement the question whether the appropriate remedy…