STATE v. EVANS

061035934; A138017.

242 P.3d 718 (2010)

238 Or. App. 466

STATE of Oregon, Plaintiff-Respondent, v. Michael James EVANS, Defendant-Appellant.

Court of Appeals of Oregon.

Appellant's Response to Petition for Reconsideration September 22, 2010.

Opinion Issued August 4, 2010.

Decided November 3, 2010.


Attorney(s) appearing for the Case

John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General, and Janet A. Klapstein , Senior Assistant Attorney General, for petition.

Peter Gartlan , Chief Defender, and Laura A. Frikert , Deputy Public Defender, Office of Public Defense Services, for response.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


PER CURIAM.

In this criminal case, the state seeks reconsideration of our opinion, State v. Evans, 236 Or.App. 467, 236 P.3d 848 (2010), in which we concluded that the trial court erred in admitting the testimony of a CARES physician that one of the victims had been sexually abused without first holding a hearing under OEC 104 to determine the admissibility of the physician's diagnosis...

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