Rule 402. Relevant evidence generally admissible
Source:
Section 40.155 — Rule 402. Relevant evidence generally admissible, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html (accessed May 26, 2025).
See also annotations under ORS 42.230 in permanent edition.
Notes of Decisions
Testimony that defendant had chased another person with hammer 20 years ago was not probative of defendant’s intent at time of shooting. State v. Parks, 71 Or App 630, 693 P2d 657 (1984)
Evidence from witnesses who watched defendant’s driving for 10 to 15 minutes about 5 minutes before and two and one half miles from fatal collision was admissible under this section in prosecution for criminally negligent homicide. State v. Brinager, 96 Or App 160, 771 P2d 658 (1989), Sup Ct review denied
Where testimony regarding matrix system was relevant to informant’s credibility and to issue of whether informant had “deal” with state and was acting as state’s agent, evidence was properly admitted. State v. Smith, 310 Or 1, 791 P2d 836 (1990)
State’s introduction of evidence of victim’s pregnancy was relevant to prove defendant’s motive. State v. Smith, 310 Or 1, 791 P2d 836 (1990)
If choice-of-evils defense is unavailable under substantive law, evidence in support of defense is inadmissible. State v. Clowes, 310 Or 686, 801 P2d 789 (1990)