State v. Southard

How courts have described this case

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

• holding that an expert witness’s diagnosis that an alleged victim had been sexually abused is inadmissible in the absence of any physical evidence of abuse
• holding that a physician’s diagnosis of sexual abuse in the absence of physical evidence is inadmissible under OEC 403
• concluding that “[i]n our view, the risk of prejudice substantially outweighs the minimal probative value of the diagnosis” (emphasis added)
• holding that, generally, a diagnosis of sexual abuse in the absence of physical evidence of abuse is not admissible under OEC 403
• holding that, in the absence of supporting physical evidence, it is error under some circumstances to admit expert opinion evidence of sexual abuse
• holding that, in the absence of supporting physical evidence, it is error under some circumstances to admit expert opinion evidence of sexual abuse

Source: CourtListener parenthetical corpus (CC0).