- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 10-27-2021
- Case #: A170145
- Judge(s)/Court Below: Lagensen, P.J. for the Court; James, J.; & Kamins, J.
- Full Text Opinion
Defendant appeals his conviction of two counts of first-degree sexual abuse of a minor under 14 years old. Defendant assigned error to the trial court’s exclusion of relevant evidence. Defendant argued the evidence was excluded, notwithstanding its relevance to prove a motive to fabricate the sexual abuse allegations. The State responded that the proffered evidence had no effect on the victim and could not have been used to prove motive to fabricate the allegations. Evidence to prove motive is relevant if it has the tendency to make the motive more or less likely and the evidence is based on a rational relationship between the issues to be proven and the motive. The Court found for the Defendant because it reasoned that the evidence could have permitted a jury to find for the Defendant. The Court reasoned that the evidence needed to provide the most logical connection between motive and relevance, however it needed to only permit a reasonable finding that it was possible that the evidence could prove a motive. Reversed and remanded.