State v. Dye

DUNCAN, J. pro tempore

Defendant appeals a judgment of conviction on one count of first-degree unlawful sexual penetration, ORS 163.411, for which he received the presumptive sentence of 25 years’ imprisonment, ORS 137.700(2)(b)(F). On appeal, defendant argues that the trial court erroneously excluded his proffered expert testimony regarding false memory, and, thereby, undercut his ability to argue that the child complainant’s accusations against him were the product of a false memory rather than his abuse. The state does not dispute that the specific part of the expert’s testimony that is the…