State v. Plueard

I agree with the majority that, under State v. Henley , 363 Or. 284, 422 P.3d 217 (2018), the trial court erred in admitting Petke's testimony that "grooming is a gradual process of building trust with a child with the purpose of establishing such a level of trust to allow for an opportunity for sexual abuse," without requiring the state to establish the requisite level of scientific validity and reliability of that evidence. I disagree with the disposition, however, because I believe that the error was harmless on this record. In my view, the majority makes two errors in its harmlessness…