State v. Gleason

Defendant appeals his conviction for manslaughter in the first degree. ORS 163.118. He assigns error to the trial court’s denial of his motion for the appointment of an expert witness, arguing that it was necessary to his defense. We reverse and remand.

In a pretrial motion, defendant requested that the court authorize funds to retain an expert medical witness. Defendant submitted two affidavits in support of his motion. The first stated that the state would likely call medical doctors who were expected to testify that the infant victim died as a result of child abuse and that defense counsel…