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2012-12-21T00:22:17Z

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''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

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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.
[http://www.publications.ojd.state.or.us/A138017.htm ''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.
[http://www.publications.ojd.state.or.us/A138909.htm ''State v. Blanchard'']

{{wl-publish: 2010-08-03 21:00:00 -0700 | abassos }}

Blog:Case Reviews/Oregon Court of Appeals 08-04-10 - Revision history

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