State v. Kelly

Defendant appeals a judgment of conviction for multiple counts of first-degree sexual abuse, ORS 163.427, and first-degree sodomy, ORS 163.405. He assigns error to, among other things, the trial court’s admission of an expert’s medical diagnosis that complainant had been sexually abused. That diagnosis was rendered in the absence of any physical evidence of abuse. Consistently with State v. Lupoli, 348 Or 346, 234 P3d 117 (2010), we conclude that the trial court’s admission of that diagnosis was error. Accordingly, we reverse and remand.

Defendant was charged with sexually abusing and…