# State v. Trager

> Court of Appeals of Oregon · February 17, 1999 · 158 Or. App. 399

URL: https://www.frixlaw.com/law-library/cases/9557856

## Case

- **Full name:** STATE OF OREGON, Respondent, v. GEORGE EDWARD TRAGER, Appellant
- **Court:** Court of Appeals of Oregon
- **Decided:** February 17, 1999
- **Citations:** 158 Or. App. 399; 974 P.2d 750; 1999 Ore. App. LEXIS 191
- **Precedential status:** Published
- **Opinion:** Concurrence by Warren
- **Judges:** Deits, Warren, Edmonds, Demuniz, Landau, Haselton, Armstrong, Wollheim
- **Cited by:** 7 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/9557856

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9557856. Public record. Not legal advice.