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Legal Opinion

State v. Gilliland

Court of Appeals of Oregon

Decided September 13, 1995No. 93-4440-C-1; CA A86124PublishedCited by 6 opinions

1Opinion of the CourtEdmonds, J.

The state appeals from a pretrial order allowing defendant to introduce evidence at trial of the complaining witness’ purported past sexual behavior. OEC 412(3)(c). We reverse.

Defendant is charged with rape in the first degree, ORS 163.375, sodomy in the first degree, ORS 163.405, unlawful sexual penetration in the first degree, ORS 163.411, sexual abuse in the first degree, ORS 163.427, and two counts of sexual abuse in the second degree, ORS 163.425. Before trial and pursuant to OEC 412(3)(a) and (b), defendant notified the court of his intent to offer evidence of the complaining witness’…

2Cases cited4 opinions

  1. State v. LeClairCourt of Appeals of Oregon · 1986
  2. State v. HackerCourt of Appeals of Oregon · 1981
  3. O'MARA v. Douglas CountyOregon Supreme Court · 1993
  4. State v. BarfieldCourt of Appeals of Oregon · 1986

3Cited by6 opinions

  1. State v. BeelerCourt of Appeals of Oregon · 2000
  2. State v. NelsonCourt of Appeals of Oregon · 2011
  3. State v. CunninghamCourt of Appeals of Oregon · 2000
  4. State v. CunninghamCourt of Appeals of Oregon · 2000
  5. State v. NelsonCourt of Appeals of Oregon · 2011

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