292 Or. App. 826 - State v. Holt’s Empirical Analysis
2018
Citation profile
4
cited by 4 later decisions
1
states following
June 2019
most recently cited
4 state decisions
Relationships
Relies on Delaware v. Van Arsdall · State v. Davis · State v. Baughman · State v. Turnidge · State v. Ritz
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.
“"In Baughman , the court held that OEC 404(4) requires trial courts to conduct balancing under OEC 403 rather than a 'narrower, "due process" standard for evaluating the admissibility of evidence.' 361 Or. at 399 [ 393 P.3d 1132 ]. The court further determined that, in that case, the trial court erred in the manner in which it had conducted the required OEC 403 balancing and that the error was prejudicial. Id . at 407-08, 408 n 11 [ 393 P.3d 1132 ] (concluding that the error was prejudicial after applying the state law harmless error standard rather than the federal harmless error standard that this court had applied). Finally, the court addressed the appropriate remedy for the type of OEC 403 balancing error at issue, concluding that a more limited remand is required, whereby the trial court will 'determine, on a case-by-case basis, whether, after conducting a correct analysis under OEC 404 and OEC 403, other acts evidence should again be received and whether a new trial is required or appropriate.' 361 Or. at 410 [ 393 P.3d 1132 ]. "In Mazziotti , the court similarly rejected the state's argument that 'traditional' OEC 403 balancing was not required, and it held that the trial court in that case erred by failing to conduct the necessary OEC 403 balancing. 361 Or. at 374-75 [ 393 P.3d 235 ]. And, as it had in Baughman , the court explained that the appropriate remedy was a remand so that the trial court could decide, in the first instance, whether the error should result in ”
1 later decision quote this exact passage“permissibly could have exercised its discretion to admit or exclude some or all of the evidence of defendant's previous conduct with [the victim]; either decision would have fallen within the permissible range of outcomes”
1 later decision quote this exact passage“various issues related to OEC 403 balancing, including the analysis of harmless error in that context and whether the correct remedy for such an error is a new trial or a more limited remand.”
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.