State v. Hollywood
250 Or. App. 675
Or. Ct. App.2012Background
- S.D., nine years old, disclosed to relatives that defendant, a family friend, sexually abused her over time.
- CARES evaluators, including Reilly, interviewed S.D.; Reilly diagnosed sexual abuse without performing a medical exam.
- Reilly testified that S.D. did not lie in this evaluation and was consistent about the abuse, despite concerns about recantation.
- Defendant moved in limine to limit impeachment via DHS recantation evidence; court allowed CARES diagnosis to be admitted with potential impeachment of recantation.
- Prosecutor asked Reilly why the recantation did not contradict the diagnosis; Reilly stated there is no lying and emphasized credibility; no objection was raised.
- Court acknowledged plain-error review; reversed and remanded for the admission error to be corrected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reilly’s credibility-directed testimony was plain error | State argues no plain error since not invited and not a direct credibility comment | Brewer contends it clearly commented on S.D.’s credibility and was inappropriate | Yes, plain error occurred; court corrected error |
| Whether the error should be corrected despite potential trial strategy | State claims minimal prejudice and strategic choices mitigate harm | Brewer asserts substantial credibility impact given lack of physical evidence | Yes, court exercises discretion to correct the error |
Key Cases Cited
- State v. Lupoli, 234 P.3d 117 (Or. 2010) (prohibits witness credibility opinions)
- State v. Brown, 800 P.2d 259 (Or. 1990) (plain error standard)
- State v. Milbradt, 756 P.2d 620 (Or. 1988) (credibility assessment for witnesses is for the trier of fact)
- State v. Middleton, 657 P.2d 1215 (Or. 1983) (expert testimony on credibility limits)
- State v. Keller, 844 P.2d 195 (Or. 1993) (witness may not testify to another’s credibility)
- State v. Ferguson, 271 P.3d 150 (Or. App. 2012) (impermissible credibility comment by witness)
- State v. Gornick, 130 P.3d 780 (Or. 2006) (plain-error analysis for missing preservation)
- Ailes v. Portland Meadows, Inc., 823 P.2d 956 (Or. 1991) (factors for exercising discretion to correct error)
- State v. McQuisten, 97 Or. App. 517 (Or. App. 1989) (trial court duty to curb credibility-based testimony)