MESTA v. FRANKE

CV101065; A148979.

322 P.3d 1136 (2014)

261 Or. App. 759

Luis Armando MESTA, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 26, 2014.


Attorney(s) appearing for the Case

Linda Louise Bergman , Senior Judge.

Rankin Johnson, IV , Portland, argued the cause for appellant. On the brief were Erin Galli and Chilton & Galli, LLC.

Ryan Kahn , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


EGAN, J.

Petitioner appeals a general judgment that denied him post-conviction relief. In 2007, petitioner was convicted on four counts of first-degree sexual abuse following a jury trial at which a doctor testified that he had diagnosed sexual abuse in three of the five alleged child victims. Petitioner appealed to this court; his appellate counsel argued that admitting those diagnoses was error because they amounted to improper comments on the truthfulness of the...

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