State v. Sundberg

In this criminal case, the state appeals the trial court’s pretrial order excluding certain testimony. See ORS 138.060(l)(c) (providing for appeals by the state of trial court pre-trial orders suppressing evidence). The court excluded the testimony on the grounds that it was irrelevant and an impermissible comment on the credibility of a witness. For the reasons explained below, we conclude that the evidence was relevant and was not an impermissible comment on the credibility of a witness. Therefore, we reverse and remand.

The state tried defendant for sexual abuse in the first degree, ORS…