STATE v. SANCHEZ-ALFONSO

(CC C051693CR; CA A135246; SC S059458).

293 P.3d 1011 (2012)

352 Or. 790

STATE of Oregon, Respondent on Review, v. Luis SANCHEZ-ALFONSO, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided November 29, 2012.


Attorney(s) appearing for the Case

Bronson D. James , JDL Attorneys, LLP, Portland, argued the cause and filed the brief for petitioner on review.

Anna Joyce , Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief was John R. Kroger , Attorney General.


WALTERS, J.

In this criminal case, we consider whether a physician's conclusion that defendant physically had abused a child met the requirements for admissibility of scientific evidence. We hold that it did not, that the trial court erred in admitting the evidence, and that the error was not harmless. Consequently, we reverse defendant's convictions and remand for further proceedings.

The child in this case, C, was approximately 18 months old when he arrived...

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