State v. Leahy

Defendant was convicted after a trial to the court of four counts of sodomy in the first degree. ORS 163.405. He appeals the convictions, assigning error to the state’s failure to give timely notice of its intent to offer certain hearsay statements by the victim and to the admission of testimony that he claims impermissibly commented on the credibility of another witness’s testimony. We reverse and remand.

OEC 803(18a)(b) provides an exception to the general rule excluding hearsay, OEC 802. Under OEC 803(18a)(b), out of court statements made by victims of certain kinds of crimes may be…