Summary
rejecting argument that "OEC 803 does not apply, because the person hearing the statements did not have a medical degree": "[T]he issue is not whether the treating therapist who heard [the child's] statements possesses certain credentials. The issue is whether the statements meet the three requirements described in Moen * * *."
Summary of this case from State ex Rel. Juv. Dept. v. PfaffOpinion
CC 86110; CA A70521 (Control); SC S40547, D8308-66069; CA A70580; SC S40548
Argued January 7, 1993 Submitted January 7, 1994,
review dismissed as improvidently allowed January 27, 1994
In Banc
On review from the Court of Appeals.
Appeal from Multnomah County Circuit Court, Michael H. Marcus, District Judge, Circuit Judge pro tempore. 121 Or. App. 264, 855 P.2d 171 (1993).
Argued and submitted January 7, 1994.
Michael A. Greenlick, Portland, argued the cause and filed the petition for petitioner on review James Cornett.
Peter Miller, Portland, argued the cause and filed the petition for petitioner on review Shannon Huskey.
Janie M. Burcart, Assistant Attorney General, Salem, argued the cause for respondent on review State ex rel Juvenile Department of Multnomah County. With her on the response to the petitions were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Michael C. Livingston, Assistant Attorney General, Salem.
No appearance contra for respondent on review Karin Cornett, fka Karin Huskey.
No appearance contra for the children.
MEMORANDUM OPINION
Review dismissed as improvidently allowed.