STATE v. SARICH

(CC 10060997; SC S059928).

291 P.3d 647 (2012)

352 Or. 600

STATE of Oregon, Plaintiff-Appellant, v. Lorraine Elizabeth SARICH, Defendant-Respondent.

Supreme Court of Oregon, En Banc.

Decided November 1, 2012.


Attorney(s) appearing for the Case

Anna M. Joyce , Solicitor General, Salem, argued the cause for plaintiff-appellant. With her on the briefs was John R. Kroger , Attorney General.

Peter Gartlan , Chief Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for defendant-respondent.


DE MUNIZ, J.

In this case, we review a trial court's orders declaring defendant's son, Z — a 19-year-old man who suffers from autism and developmental disabilities — not competent to testify at trial and excluding from evidence a video involving out-of-court statements made by Z and drawings made by Z. For the reasons that follow, we affirm both orders.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Defendant is charged with the aggravated...

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