State v. Cunningham

I concur in the majority’s analysis of Oregon’s rape shield law, OEC 412, and agree with its conclusion that evidence of a victim’s venereal disease should be considered evidence of past sexual behavior under that law. However, I dissent from the majority’s conclusion that the trial court’s *697failure to exercise its discretion as to whether to hold a competency hearing was harmless error.

The majority cites no authority for its application of harmless error analysis to the trial court’s failure to address the competency issue that defendant raised, and I can find none. In Oregon, the sole remedy…