[DV_listserv] U Visa case

[Domestic Violence issues]

State v. Valle
Date Filed: 03/27/2013
Case #: A145111
Duncan, J. for the Court; En Banc; Nakamoto, J. dissented.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145111.pdf


Holding: Evidence that a sex abuse victim had applied for and received a U-Visa was permissible impeachment evidence and, therefore,
was improperly excluded by the trial court.  Case reversed and remanded.

Facts: Sex abuse case in which the juvenile victim's attorney (in the dependency case) had applied for a U-Visa on V's behalf. At trial, defendant's attorney sought to cross-examine the victim about the application and receipt of the U-Visa (inferring that the victim's motivation for accusing her stepfather of sex abuse and testifying in court was based on her wanting to maintain her U-Visa and not based on the truth of the allegations).

The Ct. of Appeals noted that impeachment evidence need only be relevant to be admissible. Evidence from which a jury could infer that a witness has an improper motive to testify a certain way is relevant. The inference need not be the strongest or even the most probable, only one from which a jury could infer a possible motive.


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