State v. Grubb

Defendant challenges a judgment of conviction for driving under the influence of intoxicants (DUII). On appeal, the issues concern evidence that, on the evening he was arrested, he had assaulted his ostensible girlfriend in violation of a restraining order.1 Over his objection, the trial court permitted inquiry about the restraining order, admitted a copy of the order, permitted testimony about her injury, and admitted photographs of the injury. Defendant assigns error to the admission of that evidence. Citing OEC 401 and OEC 403, he argues that the evidence was not relevant and that, if…