STATE v. TENA

(CC 201304366; SC S064500).

412 P.3d 175 (2018)

362 Or. 514

STATE of Oregon, Respondent on Review, v. Israel Ovalle TENA, Jr., Petitioner on Review.

Supreme Court of Oregon.

March 1, 2018.


Attorney(s) appearing for the Case

John Evans , Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Margaret Garvin , Portland, filed the brief on behalf of amici curiae The National Crime Victim Law Institute; Oregon Crime Victims Law Center; and Oregon Coalition Against Domestic and Sexual Violence. Also on the brief was William McMillen.

Before Balmer, Chief Justice, and Kistler, Walters, and Nakamoto, Justices, Landau, Senior Justice pro tempore, and Tookey, Judge of the Court of Appeals, Justice pro tempore.


In this criminal case, defendant was convicted of felony fourth-degree assault constituting domestic violence. ORS 132.586; ORS 163.160(3)(c). On appeal, he challenged the admission of evidence that he had previously assaulted two other intimate partners within the last 14 years. The state argued that the evidence was admissible to...

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