State v. Wattenbarger

Defendant seeks reversal of his conviction for sexual abuse in the first degree. ORS 163.425. He argues that the trial court erred in failing to conduct an in camera inspection of Children’s Services Division (CSD) records relating to the victim to determine if they included exculpatory evidence and in denying his motion to admit evidence of the victim’s past sexual conduct pursuant to OEC 412. 1 We vacate and remand.

After a court trial on stipulated facts, defendant was convicted of sexual abuse in the first degree. Before trial, defendant issued a subpena duces tecum for all CSD case…