State v. Norby

In this criminal case, defendant was convicted of first-degree unlawful sexual penetration and first-degree sexual abuse. He assigns error to the trial court’s admission of several out-of-court statements made by the alleged victim, A. We review for errors of law, State v. Mack, 337 Or 586, 590, 101 P3d 349 (2004), and reverse.

Defendant lived with his girlfriend (A’s mother), and their two children, two-year-old M and three-year-old A. At trial, A’s mother testified that defendant was a doting father and that he and A generally got along well. She also testified that, for some months before…