Oregon Supreme Court

State of Oregon, Respondent on Review v. Tyler James Lupoli, Petitioner on Review

June 4, 2010348 Or. 346

Summary

The court held that several experts impermissibly vouched for the credibility of alleged child-abuse victims by explaining why their statements appeared truthful in the context of diagnoses based solely on the children’s accounts. Because the testimony was central to the credibility determinations and was not harmless, the convictions involving SM, SO, and W were reversed. The court also held that the evidence concerning T showed only opportunity, not an intentional substantial step toward sexual contact, requiring acquittal on that count.