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STATE v. McCARTHY

0902402CR; A144997.

283 P.3d 391 (2012)

251 Or. App. 231

STATE of Oregon, Plaintiff-Respondent, v. Timothy John McCARTHY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 18, 2012.

Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the brief for respondent.

Before BREWER, Presiding Judge, and HASELTON, Chief Judge.

BREWER, P.J.

Defendant appeals a judgment of conviction for two counts of first-degree rape. ORS 163.375(1)(c). He argues that the trial court erred under State v. Southard, 347 Or. 127, 218 P.3d 104 (2009), and State v. Lupoli, 348 Or. 346, 234 P.3d 117 (2010), when it allowed a nurse practitioner to testify, in the absence...

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