Oregon Supreme Court - December 13, 2012
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by: Abassos • December 13, 2012 • no comments
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− | '''Admissions of a Party Opponent - Dependency''' | + | * '''Admissions of a Party Opponent - Dependency''' |
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+ | '''Admissions of a Party Opponent - Dependency''' | ||
The out-of-court sexual abuse allegations of a child are not admissible as statements of a party opponent, against father, in a dependency proceeding. OEC 801(4)(b)(A), declaring statements of a party opponent to be non-hearsay, only applies when one party is offering another party's statements against that same party and adverse to a position that party has taken in the proceedings. The child's statements could theoretically be offered by the state against the child, but not against father. [http://www.publications.ojd.state.or.us/docs/S059950.pdf DHS v GDW] | The out-of-court sexual abuse allegations of a child are not admissible as statements of a party opponent, against father, in a dependency proceeding. OEC 801(4)(b)(A), declaring statements of a party opponent to be non-hearsay, only applies when one party is offering another party's statements against that same party and adverse to a position that party has taken in the proceedings. The child's statements could theoretically be offered by the state against the child, but not against father. [http://www.publications.ojd.state.or.us/docs/S059950.pdf DHS v GDW] | ||
{{wl-publish: 2012-12-13 10:47:28 -0800 | abassos }} | {{wl-publish: 2012-12-13 10:47:28 -0800 | abassos }} |
Revision as of 17:22, December 27, 2012
Admissions of a Party Opponent - Dependency
The out-of-court sexual abuse allegations of a child are not admissible as statements of a party opponent, against father, in a dependency proceeding. OEC 801(4)(b)(A), declaring statements of a party opponent to be non-hearsay, only applies when one party is offering another party's statements against that same party and adverse to a position that party has taken in the proceedings. The child's statements could theoretically be offered by the state against the child, but not against father. DHS v GDW