State v. Cone

DUNCAN, J. pro tempore, dissenting.

For more than 30 years, it has been clear that, under Oregon law, "a witness, expert or otherwise, may not give an opinion on whether he believes a witness is telling the truth." State v. Middleton , 294 Or. 427, 438, 657 P.2d 1215 (1983). Applying that rule, we have held, for example, that a trial court erred by admitting testimony by a complainant's mother that she "never doubted [the complainant] for a second." State v. Vargas-Samado , 223 Or.App. 15, 17, 195 P.3d 464 (2008).

Not only does Oregon law prohibit a witness from commenting on the credibility of…