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STATE v. BRAY

(CC 11FE1078) (SC S064843 (Control), S064846)).

422 P.3d 250 (2018)

363 Or. 226

STATE of Oregon, Petitioner on Review, v. Thomas Harry BRAY, Respondent on Review. State of Oregon, Respondent on Review, v. Thomas Harry Bray, Petitioner on Review.

Supreme Court of Oregon.

July 5, 2018.

Attorney(s) appearing for the Case

Jennifer S. Lloyd , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review/respondent on review State of Oregon. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Kendra M. Matthews , Boise Matthews LLP, Portland, argued the cause and filed the briefs for petitioner on review/respondent on review Thomas Harry Bray.

Erin K. Olson , Law Office of Erin K. Olson, Portland, filed the brief on behalf of amicus curiae the National Center for Victims of Crime. Margaret Garvin , National Crime Victim Law Institute at Lewis & Clark Law School, Portland, filed the brief on behalf of amicus curiae National Crime Victim Law Institute. Also on the brief was Amy C. Liu.   Rosemary W. Brewer , Oregon Crime Victims Law Center, Portland, filed the brief on behalf of amici curiae Crime Victim J.B. and the Oregon Crime Victims Law Center.

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, Flynn, Duncan, and Nelson, Justices.

In this criminal case, the factual issue at trial was whether, as the state contended, defendant forcibly raped, sodomized, strangled and assaulted J, or, as defendant claimed, J's injuries resulted from consensual "rough sex." A preliminary legal issue was whether defendant could compel the production of evidence that he viewed as...

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