State v. Wenning

The state appeals a circuit court order denying the state’s motion in limine to allow defendant’s statements to be admitted as admissions, and moves for a determination of whether the order is appealable under ORS 138.060. The motion to determine appealability is allowed. We conclude that the order is not appealable and dismiss the appeal.

Defendant is charged with two counts each of sodomy and sexual abuse of his then two-year-old daughter. Defendant made statements to his now ex-girlfriend concerning the alleged abuse in person, in text messages, and in recordings of a pretext telephone call…