Opinion

State v. Herzog

  • 324 Or. 294
  • 924 P.2d 817
  • 1996 Ore. LEXIS 101
Court
Oregon Supreme Court
Filed
Oct 11, 1996
Status
Published
On the bench
Carson, Fadeley, Gillette, Graber, Hoomissen
Cited by
1 cases
Authority
More cited than 52.4%

The opinion

PER CURIAM

Defendant appeals his convictions for kidnapping in the first degree (3 counts), rape in the first degree (3 counts), sodomy in the first degree (4 counts), and sexual abuse in the first degree (2 counts). He contends that the trial court erred in allowing the admission of deoxyribonucleic acid (DNA) evidence using the Restriction Fragment Length Polymorphism (RFLP) method. The trial court held that that scientific technique satisfied the standard for the admissibility of scientific evidence articulated by the court in State v. Brown, 297 Or 404 , 687 P2d 751 (1984). The Court of Appeals affirmed. State v. Herzog, 125 Or App 10 , 864 P2d 1362 (1993). The sole issue on review is whether the Court of Appeals erred in affirming the trial court’s ruling admitting the state’s RFLP DNA evidence. It did not. See State v. Lyons, 324 Or 256 , 261 n 7, 924 P2d 802 (1996) (discussing the admissibility of DNA evidence).

The decision of the Court of Appeals and the judgments of the circuit court are affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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