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· 3/31/2010

State v. Merrimon

Citations

  • 228 P.3d 666
  • 234 Or. App. 515
  • 2010 Ore. App. LEXIS 291

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that admission of evidence of diagnosis of child sex abuse constituted plain error in the light of State v. Southard, 347 Or 127, 218 P3d 104 (2009), which issued after the date of the defendant’s conviction
  • overturning both endangering welfare of a minor charge and first-degree sexual abuse charge where victim’s disclosures to CARES staff included statements that presumably formed the basis for both charges
  • trial court committed plain error in admitting, in the absence of physical evidence, a diagnosis of \highly concerning of sexual abuse\
  • the trial court committed plain error in admitting, in the absence of physical evidence, a diagnosis of “highly concerning of sexual abuse”
  • a “trial court’s admission, following Southard, of a medical expert’s diagnosis of child sexual abuse in the absence of physical evidence satisfies the requisites for ‘plain error’ under ORAP 5.45”
  • the same risk occurs with a diagnosis of “highly concerning of sexual abuse”

Source: CourtListener parenthetical corpus (CC0).

Judges: Haselton, Armstrong, Rosenblum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.