State v. Reed

Summary

The Oregon Court of Appeals affirmed Travis J. Reed’s convictions for multiple sexual offenses arising from alleged abuse of his teenage stepdaughters. The court held that the trial court did not commit reversible error in admitting evidence of Reed’s prior third-degree rape convictions under Oregon Evidence Code 404(4) and conducting the required OEC 403 analysis.

Holdings

1. The trial court erred insofar as it admitted the prior-conviction evidence under OEC 404(3) as nonpropensity evidence of knowledge that defendant's conduct was unlawful; evidence of a defendant's sexual interest in children relies on propensity reasoning and is not admissible under a nonpropensity theory such as knowledge.
2. The trial court did not err on the grounds presented by defendant because it implicitly recognized that the evidence was propensity-based but admissible under OEC 404(4), and it conducted the required OEC 403 balancing.
3. The trial court did not abuse its discretion under OEC 403 by admitting the prior convictions and the associated probation-condition addendum.

Questions Presented

1. Whether the trial court erred by admitting evidence of defendant's prior third-degree rape convictions under OEC 404(3) as nonpropensity evidence of knowledge or intent.
2. Whether the trial court improperly conducted its OEC 404(4) and OEC 403 analysis by failing to recognize the propensity-based nature of the prior-conviction evidence.
3. Whether the trial court abused its discretion under OEC 403 by admitting the prior convictions and related probation-condition addendum.

Disposition

affirmed