State v. Mazziotti’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n a criminal case, when a defendant objects to other acts evidence that is relevant only to prove the defendant's character under OEC 404(4), the trial court must conduct balancing under OEC 403, according to the terms of that rule, to determine whether the probative value of the evidence is substantially outweighed by the risk of unfair prejudice. The same is required when a defendant objects to other acts evidence that is relevant for a nonpropensity purpose under OEC 404(3).”

   1 later decision quote this exact passage
   e.g. 290 Or. App. 317 - State v. Chavez

2. “Although defendant made a clear relevance objection to that evidence, he did not articulate a separate OEC 403 * * * objection to it-an objection that assumes the relevance of evidence but asks for its exclusion on the ground that 'its probative value is substantially outweighed by the danger of unfair prejudice.' " (Quoting OEC 403.) The state adds that defendant's assertion that the evidence was "extremely prejudicial”

   1 later decision quote this exact passage
   e.g. 294 Or. App. 328 - State v. Garcia

3. “the relevant purposes of other acts evidence that the state proffers under OEC 404(3) or OEC 404(4)”

   1 later decision quote this exact passage
   e.g. 294 Or. App. 328 - State v. Garcia