Opinion

State v. Trager

  • 158 Or. App. 399
  • 974 P.2d 750
  • 1999 Ore. App. LEXIS 191
Court
Court of Appeals of Oregon
Filed
Feb 17, 1999
Status
Published
Author
Warren
On the bench
Deits, Warren, Edmonds, Demuniz, Landau, Haselton, Armstrong, Wollheim
Cited by
7 cases
Authority
More cited than 5.6%

holding that a medical diagnosis of sexual abuse was admissible even absent cor- roborating physical evidence

How later courts described this case

  • holding that a medical diagnosis of sexual abuse was admissible even absent cor- roborating physical evidence
  • concluding that diagnosis was scientific evidence that required foundation prescribed by Brown , but holding that an appropriate foundation had been laid in the trial court
  • concluding that diagnosis was not scientific evidence that required foundation set out in State v. Brown , 297 Or. 404, 687 P.2d 751 (1984)
  • rejecting argument that diagno- sis of sexual abuse was scientific evidence and inadmissible because it “operates as a low-tech polygraph impermissibly assessing the credibility of a witness” (internal quotation marks omitted)

Written by the judges who cited it.

The opinion

WARREN, J.,

concurring.

I agree with the majority that this is not “scientific evidence” within the meaning of State v. Brown, 297 Or 404 , 687 P2d 751 (1984). I continue to believe that the Brown test should apply only when the methodology for gathering scientific evidence is novel. State v. Stafford, 157 Or App 445, 467 , 972 P2d 47 (1998) (Warren, J., concurring).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.