State v. Arreola

Defendant appeals from a judgment of conviction on one count of unlawful sexual penetration in the first degree and two counts of sexual abuse in the first degree. On the first day of defendant’s trial, two medical expert witnesses testified that they had diagnosed the six-year-old child victim as having been sexually abused based on the credibility of her report; the next day, the Oregon Supreme Court issued its opinion in State v. Southard, 347 Or 127, 218 P3d 104 (2009), holding that such evidence is inadmissible. Defendant moved for a mistrial; the court denied the motion and instead…