Oregon Court of Appeals 08-04-10
by: Abassos • August 3, 2010 • no comments
Read the full article for details about the following new cases:
- Diagnosis of Sex Abuse - Reversible Error not to Hold a 104 Hearing
- Pro Se Representation - Inappropriate Denial = Structural Error
=
Diagnosis of Sex Abuse - Reversible Error not to hold a 104 hearing===
The Judge in this case ruled that a CARES diagnosis of sex abuse is not scientific evidence and did not need to be reviewed in limine. The Court finds that it was reversible error not to hold a hearing in limine to determine whether the evidence was scientific and reliable. And separately that the judge should have held a hearing to decide whether the evidence was more prejudicial than probative. Reversed and remanded. State v. Evans
Pro Se Representation - Inappropriate Denial = Structural Error
Where a defendant wants to represent himself, it is reversible error to deny that request on efficiency or best interests grounds. It is a violation of Article I, section 11 of the Oregon Constitution and the 6th and 14th amendments to the U.S. Constitution. Here, the judge told defendant on a probation violation that it would unnecessarily delay the proceedings to allow him to represent himself and it would be a "very, very bad idea." After which, the judge revoked probation and sentenced defendant to 6 months jail and 12 months PPS. Reversed. State v. Blanchard
