State v. Louden
State v. Louden
Opinion of the Court
After waiving his right to a jury trial, defendant was convicted by a trial court of three counts of first-degree sexual abuse, ORS 163.427; six counts of first-degree sodomy, ORS 163.405; and three counts of third-degree sexual abuse, ORS 163.415. He appeals, assigning error to the admission of evidence of defendant’s prior sexual conduct with the same victim, which the trial court admitted over defendant’s objection. On appeal, defendant argues that, since his conviction, the court has held in State v. Williams, 357 Or 1, 346 P3d 455 (2015), that this type of evidence in a child sexual abuse case
Affirmed.
Defendant does not dispute the state’s contention in its answering brief that, under the holding of State v. McKay, 309 Or 305, 308, 787 P3d 479 (1990), evidence of defendant’s sexual predisposition toward the same child victim was relevant evidence.
Through a pro se brief, defendant also assigns error to the trial court’s admission of expert testimony. Because that error was also unpreserved, defendant argues that it was error apparent on the face of the record. We reject that argument without further discussion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.