State v. Baughman

In this case we explain that, in a criminal action, when the state proffers evidence of uncharged acts, either to prove a defendant’s propensity to commit charged crimes under OEC 404(4) 1 or for a nonpropensity purpose under OEC 404(3), 2 and a defendant objects to the admission of that evidence, the trial court must conduct balancing under OEC 403, 3 according to its terms, to determine whether the probative value of the challenged evidence is substantially outweighed by the danger of unfair prejudice. We affirm the decision of the Court of Appeals, State v. Baughman, 276 Or App 754, 369…