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STATE v. WHITE

08FE1173MS; A146936.

288 P.3d 985 (2012)

252 Or. App. 718

STATE of Oregon, Plaintiff-Appellant, v. David Leo WHITE, Jr., Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 17, 2012.

Attorney(s) appearing for the Case

Jeff J. Payne , Assistant Attorney General, argued the cause for appellant. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Linda Wicks , Assistant Attorney General.

Valerie Wright argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant is charged with three counts of first-degree unlawful sexual penetration, ORS 163.411; four counts of first-degree rape, ORS 163.375; five counts of first-degree sexual abuse, ORS 163.427; one count of first-degree criminal mistreatment, ORS 163.205; one count of unlawful use of a weapon, ORS 166.220; and one count of strangulation, ORS 163.187. The state appeals a pretrial order that excluded expert testimony regarding the phenomenon of "delayed...

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