State v. O'Connor

Courtney J. O’Connor appeals his conviction for a Class C felony, domestic violence malicious mischief in the second degree, arising from a tire slashing incident.1 He contends that the trial court erred by denying a defense motion to exclude compromise evidence under ER 408, thereby permitting the State to present evidence that O’Connor paid the victim $800 to assist her in replacing her tires and to argue to the jury that this payment proved that it was O’Connor who slashed the tires. Whether ER 408’s prohibition against admitting evidence of compromise of civil claims applies at criminal…