State v. Booth

Defendant was convicted of three counts of sexual abuse in the first degree. ORS 163.427. On appeal, he assigns as error the trial court’s admission of hearsay statements made by the three-year-old child to a treating physician, under OEC 803(4), and statements made by child to third parties, pursuant to OEC 803(18a)(b). He also assigns as error the trial court’s denial of his motion for a new trial based on newly discovered evidence. We affirm.

In December, 1989, while child was staying overnight with her maternal grandparents, her grandmother was awakened by child’s sobbing. Grandmother…