STATE v. WARREN

03C42338; A127680.

197 P.3d 605 (2008)

224 Or. App. 204

STATE of Oregon, Plaintiff-Respondent, v. James Daniel WARREN, Defendant-Appellant.

Court of Appeals of Oregon.

Filed December 3, 2008.


Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. On the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Senior Assistant Attorney General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and HUCKLEBERRY, Senior Judge.


EDMONDS, P.J.

Defendant was convicted of first-degree sodomy and first-degree sexual abuse of his daughter. On appeal, defendant argues that the trial court erred in allowing the state's expert witness, a physician who examined the victim, to testify that the victim had been sexually abused. Defendant further argues that the trial court erred in excluding testimony by his own expert witness, a psychologist who would have attacked the basis for the physician's diagnosis...

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