State v. Baughman’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the trial court did not correctly consider the 'quantum of probative value of the evidence' " and required remand). We begin by considering the state's preservation argument. The state concedes, and we agree, that defendant preserved his argument that the disputed evidence was inadmissible under OEC 404(3). As explained below, we also conclude that defendant requested that the court exclude the evidence because its risk of unfair prejudice outweighed any probative value that it had. As noted above, the state asserts that defendant failed to preserve his argument that the trial court erred in failing to conduct OEC 403 balancing, contending that defendant's only objection was to the relevance of the evidence and that he never expressly articulated an argument that, even if the evidence was relevant, it was nevertheless so unfairly prejudicial that it should be excluded under OEC 403. The Supreme Court has not yet addressed the question "whether, in addition to objecting to the admission of [prior acts] evidence, a party also must explicitly seek balancing under OEC 403”

   1 later decision quote this exact passage
   e.g. 293 Or. App. 90 - State v. Kelley

2. “the quantum of probative value of the evidence”

   1 later decision quote this exact passage
   e.g. 293 Or. App. 90 - State v. Kelley