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Oregon Court of Appeals 05-12-10

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by: Abassos • May 11, 2010 • no comments

Read the full article for details about the following new cases:

  • Dependency - Dispositional Evidence
  • Evidence - Relevancy
  • Stalking Order - Extension of Probation


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Dependency - Dispositional Evidence===

At issue in this case is ORS 419B.325(2), which allows evidence of prognosis or history in determining a dependency disposition. The question in this case was whether documents relating to father (and not directly to the child) were admissible under the statute. The court decides that "prognosis" is a general term which would include evidence related to a potential caregiver as well as evidence directly related to the child. The evidence must be such that it is helpful in predicting outcomes. Affirmed. DHS v. BJW

Relevancy

In a murder case where the issue is whether dad injured the child on one day or mom injured the child several days before, it is relevant that mom was told that child was exhibiting symptoms of head injury and that she then failed to disclose relevant information. Conviction reversed. State v. Davis

Stalking Order - Extension of Probation

It is an abuse of discretion for a judge to extend a Stalking Order probation without a hearing and for reasons that have nothing to do with the purposes of probation. State v. Baker