STATE v. LUPOLI

(CC C052106CR, C053594CR; CA A132083, A132084; SC S056477).

234 P.3d 117 (2010)

348 Or. 346

STATE of Oregon, Respondent on Review, v. Tyler James LUPOLI, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 4, 2010.


Attorney(s) appearing for the Case

Robert Rosenthal, New York, argued the cause and filed the brief for petitioner on review. With him on the brief were Edward H. Talmadge and Tracy M. McGovern of Frohnmayer, Deatherage, Jamieson, Moore, Armosino & McGovern, P.C., Medford.

Anna Marie Joyce, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.


GILLETTE, J.

This criminal case presents two issues. The first is whether certain expert witnesses at trial improperly "vouched" for the veracity of children who allegedly had been victims of sexual abuse. The alleged vouching occurred when the experts testified generally about characteristics of truthful and untruthful children and then testified that statements of the children in question displayed the characteristics of truthful children and lacked characteristics...

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