State v. Etzel

Under OEC 702, whenever scientific or other specialized knowledge is used to assist a jury in understanding evidence or determining a fact in issue, a qualified expert witness may testify thereto. However, only scientifically valid knowledge can assist the jury, therefore, when evidence is scientific in nature, the state must “comply with the standards for admission of scientific evidence.” State v. Henley, 363 Or 284, 422 P3d 217 (2018).

Defendant appealed his conviction of multiple sex crimes and argued that the trial court erred when it allowed testimony of a witness that was non-scientific in nature, thus, the State was required to establish the scientific validity of the testimony as required by OEC 702. The State argued that the witness testimony was relevant to Defendant’s criminal charges and therefore properly admitted. Under OEC 702, whenever scientific or other specialized knowledge is used to assist a jury in understanding evidence or determining a fact in issue, a qualified expert witness may testify thereto. However, only scientifically valid knowledge can assist the jury, therefore, when evidence is scientific in nature, the state must “comply with the standards for admission of scientific evidence.” State v. Henley, 363 Or 284, 422 P3d 217 (2018). The Court held that because the witness had significant training and experience in sexual abuse cases, the witness testimony could be perceived by the jury as having a basis in scientific fact. Therefore, the State needed to comply with the standards set forth in OEC 702. Remanded to the trial court for further proceedings under OEC 702.