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STATE v. HENLEY

(CC 09072338C) (SC S064494) SC S064494.

422 P.3d 217 (2018)

363 Or. 284

STATE of Oregon, Respondent on Review, v. Robert Lewis HENLEY, aka Sonny Henley, Petitioner on Review.

Supreme Court of Oregon.

July 19, 2018.

Attorney(s) appearing for the Case

Mary M. Reese , Senior Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Jordan R. Silk , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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

In this criminal case arising out of allegations of child sexual abuse, the issue is whether the expert testimony that the trial court allowed about "grooming" children for later sexual activity is "scientific" evidence that requires a foundational showing of scientific validity under OEC 702. At trial, over defendant's objection, the...

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