PLEMEL v. WALTER

No. 549; CA A34015; SC S33117.

735 P.2d 1209 (1987)

303 Or. 262

Dena Ann PLEMEL and State of Oregon, ex rel. Adult & Family Services Division, Respondents On Review, v. Brent David WALTER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided April 21, 1987.


Attorney(s) appearing for the Case

Daniel Hoarfrost, Portland, filed a brief for petitioner on review and waived oral argument.

Richard D. Wasserman, Asst. Atty. Gen., argued the cause for respondents on review.


LENT, Justice.

In this filiation proceeding the jury, by a 9-3 vote, found that Brent Walter was the father of Dena Plemel's child. Plemel's expert witness testified that blood tests of Plemel, Walter and the child did not exclude the possibility that Walter was the father. Walter did not challenge the validity of the tests or the failure of the tests to exclude him but did object, on grounds of irrelevance and prejudice, to testimony by the expert regarding the probability...

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