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STATE v. SOUTHARD

(CC 04FE0347ST; CA A128253; SC S055463).

218 P.3d 104 (2009)

347 Or. 127

STATE of Oregon, Respondent on Review, v. Kermit Eugene SOUTHARD, Petitioner on Review.

Supreme Court of Oregon.

Decided October 1, 2009.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Anna M. Joyce, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

KISTLER, J.

The question in this case is whether a medical diagnosis of child sexual abuse is admissible scientific evidence. The trial court ruled that it is. After considering testimony regarding that diagnosis, as well as other evidence that defendant had abused his girlfriend's two children, a jury convicted defendant of three counts of sodomy. The Court of Appeals affirmed the trial court's judgment without opinion. State v. Southard, 214 Or.App. 292,...

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