Evidence

Oregon Evidence Family Law

Court of Appeals of Oregon

Uncategorized

Westbrook v. Hubbard — Custody Order Reversed Where Child’s Recorded Statement About Sexual Abuse Was Admitted Without OEC 803(18a)(b) Notice or Reliability Showing

/ June 3, 2026

The Oregon Court of Appeals reversed an order denying father’s motions to enforce parenting time and modify custody after the trial court admitted a child’s recorded statement about sexual abuse without requiring the proponent to comply with OEC 803(18a)(b)’s mandatory prerequisites of 15 days’ advance notice and an affirmative reliability showing, and found the error harmful because the statement was the only evidence of the sexual nature of the alleged abuse.

Oregon Appellate Procedure Criminal Evidence

Court of Appeals of Oregon

Uncategorized

State v. Escalante — Domestic Violence Convictions Reversed Because Trial Court Failed to Re-Read Constitutional Jury Instructions After Close of Evidence

/ June 3, 2026

The Oregon Court of Appeals reversed convictions for domestic violence strangulation and harassment because the trial court failed to reread constitutional jury instructions—including the presumption of innocence and proof beyond a reasonable doubt—as part of its oral charge to the jury at the close of evidence, applying State v. Shine, 375 Or 112 (2026), and holding the error was plain, not harmless, and warranted discretionary correction even without a trial-level objection.