STATE v. HERRING

(CA A174188) (SC S070999).

557 P.3d 523 (2024)

372 Or. 727

STATE of Oregon, Petitioner on Review, v. Ervan Ronell HERRING, Respondent on Review.

Supreme Court of Oregon.

September 19, 2024.


Attorney(s) appearing for the Case

Patrick M. Ebbett, Assistant Attorney General, Salem, filed the petition for review. Also on the petition were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Zachary Lovett Mazer, Deputy Public Defender, Oregon Public Defense Commission, Salem, filed the response to the petition for review. Also on the response was Ernest G. Lannet, Chief Defender, Criminal Appellate Section.

Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, James, and Masih, Justices.


The petition for review is allowed.

James, J., dissented and filed an opinion.

JAMES, J., dissenting.

In this case, concerning the admissibility of other acts evidence of gang affiliation, the state proffered the evidence at trial under OEC 404(3), and has relied solely upon OEC 404(3) in its petition to...

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