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STATE EX REL. JUV. DEPT. v. SMITH

98-0325-JA; A106007.

58 P.3d 823 (2002)

185 Or.App. 197

In the Matter of Ryan D. Smith, A Minor Child. STATE ex rel JUVENILE DEPARTMENT OF JACKSON COUNTY, Respondent, v. Ryan D. SMITH, Appellant.

Court of Appeals of Oregon.

Decided November 27, 2002.

Attorney(s) appearing for the Case

Robert Rosenthal, New York, New York, argued the cause for appellant pro hac vice. With him on the briefs were Christine Brinton, Certified Law Student, and Robert C. Van Siclen, Auburn, Washington, and Roger K. Evans and O'Neil, Evans, Swogger & Cowan, Salem, Or.

Mary Williams, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Ann Kelley, Assistant Attorney General.

Lisa Short and Snedeker, Smith & Short filed the brief amicus curiae for Scientists Concerned for Reliability of Children's Reports, Accusations, and Testimony.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

The state alleged that youth had committed 21 acts that, if he were an adult, would constitute coercion, menacing, sexual abuse, rape, and sodomy. The trial court found that youth was within its jurisdiction based on 12 of the acts but that the state had failed to prove the remaining nine acts. Youth appeals. We affirm.

Since 1995, two families have lived next to youth and his family in Ashland. The Helveys moved in in February 1995. Youth was...

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