State v. Valle

In this criminal case, defendant appeals the trial court’s judgment of conviction and sentence, assigning error to the trial court’s exclusion of impeachment evidence. For the reasons explained below, we conclude that the trial court erred in excluding the evidence and that the error was not harmless. Therefore, we reverse and remand.1

Defendant was charged with two counts of first-degree sodomy, ORS 163.405, and four counts of second-degree sexual abuse, ORS 163.425. The charges were based on allegations by M, defendant’s stepdaughter.

In 2008, when M was 16 years old, she wanted to move out…