State v. Roelle- Strangulation Charges Reversed and Remanded

October 28, 2013

In State v. Roelle, decided October 16, 2013, the Oregon Court of Appeals reversed the domestic violence convictions of Mr. Roelle.

Here the State put on evidence of a previous, unrelated, domestic violence episode involving Mr. Roelle.  The Court of Appeals found that the trial court failed to properly caution the jury that they could only consider the previous episode as it might bear on the issue of his mens rea (mental state) after first determining that the physical act (strangulation) actually occurred in the charged case.  Instead, the admission of evidence pertaining to the previous episode could have been used by the jury to determine whether the physical act of strangulation in the charged case had occurred at all.  “Prior bad act evidence,” as it is known, is tricky business, and the State puts it on at its peril.

You can read the whole story by clicking here.

If you or someone you know has issues with any type of domestic violence or assault charges, Tim Bowman can help.  As a criminal defense attorney for 30 years, Bowman has the experience to make sure you’re treated fairly.

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