State v. Brumbach (2015)
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· 81 citation events
across 5 courts.
Showing the 8 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 2016 → 2026 · click a year to view the case as of then
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State v. Holt (2018)
App. 552 , 359 P.3d 490 (2015), rev. den. , 359 Or. 525 , 379 P.3d 516 (2016) : " 'Under Williams , a failure to perform the requisite balancing test is a violation of a defendant's due process rights under the United States Constitution.' *830 Brumbach , 273 Or.
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State v. Holt (2016)
Williams, 357 Or at 19 ; see also Altabef, 279 Or App at 272 (when a defendant in a child sexual abuse case raises an OEC 403 challenge, “a trial court’s failure to properly engage in balancing under OEC 403 is reversible error”); State v. Baughman, 276 Or App 754, 764 , 369 P3d 423 , rev allowed, 359 Or 847 (2016) (“[B]efore admitting prior bad acts evidence in a child sex abuse case, the trial court must engage in OEC 403 balancing.”); Brumbach, 273 Or App at 560 (“[I]n li…
“[I]n light of Williams , the trial court erred because it did not subject the other acts evidence to OEC 403 balancing.”
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State v. Sullivan (2025)
State v. Cavaner, 206 Or App 131, 134-35 , 135 P3d 402 , rev den, 341 Or 197 (2006), overruled on other grounds by State v. Brumbach, 273 Or App 552 , 359 P3d 490 (2015), rev den, 359 Or 525 (2016) (“It is true that Johnstone and Hopkins involved defendants charged with recklessness under circumstances manifesting extreme indifference—as opposed to mere recklessness.
“It is true that Johnstone and Hopkins involved defendants charged with recklessness under circumstances manifesting extreme indifference—as opposed to mere recklessness. Nevertheless, the reasoning of both cases—that past participation in a diversion program is relevant to establishing a defendant…
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State v. Mazziotti (2016)
In Williams , the court held that, under OEC 404(4), a trial court may admit evidence of a criminal defendant’s other crimes, wrongs, or acts if “(1) it is relevant under OEC 401, and (2) as required by the Due Process Clause of the Fourteenth Amendment to the United States Constitution, ‘a trial court determines whether the risk of unfair prejudice posed by the evidence outweighs its probative value under OEC 403.’” State v. Horner, 272 Or App 355, 357 , 356 P3d 111 (2015) …
under Williams, “(1) evidence offered to show a person’s character and propensity to act accordingly may be relevant under OEC 401; (2) OEC 404(4) supersedes OEC 404(3); (3) OEC 404(4
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State v. Baughman (2016)
Even if due process does not categorically prohibit the admission of ‘other acts’ evidence to prove propensity in prosecutions for child sexual abuse, it at least requires that, on request, trial courts determine whether the probative value of the evidence is outweighed by the risk of unfair prejudice.” 357 Or at 18-19; see Brumbach, 273 Or App at 563 .
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State v. Brown (2017)
See, e.g., State v. Brumbach, 273 Or App 552, 563-65 , 359 P3d 490 (2015), rev den, 359 Or 525 (2016) (trial court must engage in OEC 403 balancing for other crimes evidence admissible under OEC 404(4)).
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State v. Gonzalez-Sanchez (2017)
See State v. Holt, 279 Or App 663, 671 , 381 P3d 897 (2016) (relying on State v. Williams, 357 Or 1, 19 , 346 P3d 455 (2015), and State v. Turnidge (S059155), 359 Or 364, 441-42 , 374 P3d 853 (2016), for the proposition that, “[w]hen a trial court admits prior bad acts evidence in a child sexual abuse case, either for a propensity purpose or a nonpropensity purpose, OEC 403 balancing is required, on a proper motion”); see also State v. Brumbach, 273 Or App 552, 563 , 359 P3d…
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State v. Williams (2016)
Id. at 20 ; see State v. Brumbach, 273 Or App 552, 561 , 359 P3d 490 (2015) (so stating).
so stating