290 Or. App. 244 - State v. Davis’s Empirical Analysis
2018
Citation profile
8
cited by 8 later decisions
1
states following
June 2019
most recently cited
8 state decisions
Relationships
Relies on State v. Davis · State v. Johns · State v. Guzek · State v. Baughman · State v. Turnidge
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"When a party objects to the admission of other acts evidence, a trial court first should determine whether the proffered evidence is relevant for one or more nonpropensity purposes, under OEC 404(3). If it is, then the court should determine, at step two, whether the probative value of that evidence is substantially outweighed by the danger of unfair prejudice under OEC 403. If the trial court determines that the evidence is relevant for a nonpropensity purpose under OEC 404(3) and admissible under OEC 403, then it need not determine whether the evidence also is admissible under OEC 404(4) and OEC 403. However, if a trial court determines that proferred evidence is not relevant for a nonpropensity purpose, then it must determine whether that evidence nevertheless is otherwise relevant under OEC 404(4) and, at step two, whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, under OEC 403."”
1 later decision quote this exact passage“"A defendant's subjective intent 'may be inferred from the evidence and circumstances surrounding the defendant's actions,' and such an inference is reasonable 'if there is a logical connection between the surrounding activity and the defendant's [purported] state of mind.' State v. Branch , 208 Or. App. 286 , 289, 144 P.3d 1010 (2006) ; see also State v. Rose , 311 Or. 274 , 282, 810 P.2d 839 (1991) ('Evidence of a defendant's intent is rarely, if ever, proven by direct evidence. Intent is an operation of the mind, and it is seldom susceptible of direct proof.')."”
1 later decision quote this exact passage“character-based reasoning is 'based on inferred behavioral disposition or propensities,' and it relies upon 'a chain of inferences that employs the evidence to establish that the person (1) is more inclined to act or think in a given way than is typical, and (2) is therefore more likely to have acted or thought that way on a particular occasion.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.