State v. Vargas-Samado

Defendant was convicted after a jury trial of five counts of sexual abuse in the first degree. ORS 163.427. He appeals the convictions, assigning error to the admission of testimony that he asserts impermissibly commented on the credibility of another witness’s testimony. We reverse and remand.

Defendant was charged with sexually abusing his former stepdaughter. At trial, the victim’s mother testified in the state’s case-in-chief. Defendant recalled the mother in his case in order to pursue a line of questioning that challenged the credibility of the victim on the basis of previous…