State v. Wedel
245 Or. App. 12
Or. Ct. App.2011Background
- defendant was convicted of first-degree sexual abuse under ORS 163.427, based on granddaughter's testimony and other evidence
- trial court admitted a diagnosis of child sexual abuse despite lack of corroborating physical evidence
- defendant preserved no objection to the diagnosis at trial, but argues plain error on appeal
- State concedes the diagnosis was inadmissible under Southard, but argues error was not clearly apparent or harmful
- jury convicted on the first charge, acquitted on the other counts, and the victim testified to all three acts
- appellate court reverses and remands, exercising discretion to correct the error due to gravity and justice
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of the diagnosis was error | Weidel | Weidel | Plain error; reversal appropriate |
| Whether the error was harmless given acquittals on other counts | State | Weidel | Not harmless; prejudicial impact substantial |
| Whether the error undermined witness credibility assessment by the jury | State | Weidel | Prejudiced jury credibility assessment; error not mitigated by other findings |
| Whether appellate correction is warranted | State | Weidel | Discretion exercised to correct error; reversal and remand |
Key Cases Cited
- State v. Southard, 347 Or. 127 (Oregon Supreme Court 2009) (admission of diagnosis of child sexual abuse to prove acts is error)
- State v. Lovern, 234 Or. App. 502 (Oregon Court of Appeals 2010) (improper expert opinion can prejudice jury credibility assessment)
- State v. Merrimon, 234 Or. App. 515 (Oregon Court of Appeals 2010) (gravity of error weighs in favor of correction by appellate court)