# State v. Graville

> Court of Appeals of Oregon · November 12, 1986 · 82 Or. App. 253

URL: https://www.frixlaw.com/law-library/cases/2606558

## Case

- **Full name:** STATE OF OREGON, Respondent, v. PAULA ANN GRAVILLE, Appellant
- **Court:** Court of Appeals of Oregon
- **Decided:** November 12, 1986
- **Citations:** 82 Or. App. 253; 728 P.2d 561; 1986 Ore. App. LEXIS 4080
- **Precedential status:** Published
- **Opinion:** Opinion by Warden
- **Judges:** Van Hoomissen Young
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2606558

## Opinion text

*255
WARDEN, P. J.
Defendant appeals her conviction for sexual abuse in the first degree, ORS 163.425(l)(a)(A), contending that the trial court erred in denying her access to the Children’s Services Division (CSD) file pertaining to the victim and in requiring her to submit to random polygraph examinations as a condition of probation.
The CSD file is subject to discovery.
State v. Warren,
81 Or App 463 , 726 P2d 387 (1986). Because discovery was denied, the judgment of conviction is vacated, and the case is remanded to the trial court for an
in camera
examination of the file to determine whether it contains any material that would either exculpate defendant or aid in cross-examination of witnesses. If the file contains such material, and if defendant has been prejudiced by not having had that material, then the court shall order a new trial. Otherwise, the court shall enter a new judgment of conviction.
State v. Warren, supra; State v. Johns,
44 Or App 421 , 606 P2d 640 ,
rev den
289 Or 1 (1980).
We address defendant’s second assignment of error only because the issue may arise on remand. As a condition of probation a court may impose the requirement that the probationer submit to polygraph examinations, if it is reasonably necessary to accomplish the purpose of probation.
State v. Age,
38 Or App 501, 508-509 , 590 P2d 759 (1979); see
State v. Behar,
39 Or App 503 , 592 P2d 1056 (1979). Defendant urges us to overrule
Age
and
Behar ,
citing as authority
State v. Brown,
297 Or 404 , 687 P2d 751 (1984), which held only that “upon proper objection polygraph evidence shall not be admissible in any civil or criminal trial in this state or other legal proceeding subject to the rules of evidence under the Oregon Evidence Code.” 297 Or at 445 .
Brown
does not prohibit the use of polygraph examinations as a condition of probation.
Judgment vacated; remanded for further proceedings consistent with this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2606558. Public record. Not legal advice.