State v. Clay

Defendant, who was convicted after a jury trial of two counts of sexual abuse in the first degree, ORS 163.427, appeals. He assigns error to, inter alia, the trial court’s admission, over defendant’s objection, of a pediatric nurse practitioner’s expert diagnosis that the complainant had been sexually abused. That diagnosis was rendered “in the absence of any physical evidence of abuse.” State v. Southard, 347 Or 127, 142, 218 P3d 104 (2009). As explained below, we conclude, consistently with the analyses of State v. Lovern, 234 Or App 502, 228 P3d 688 (2010), and State v. Merrimon, 234 Or…