- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-29-2011
- Case #: A141928
- Judge(s)/Court Below: Ortega, P.J. for the Court; Brewer, C.J.; & Sercombe, J.
- Full Text Opinion
Defendant Feller was convicted of sexually abusing a five-year old boy. At trial, the physician's diagnosis of "concerning" for sexual abuse was admitted without objection. Defendant argued that it is plain error to allow such a diagnosis without any supporting physical evidence. The State argued that because the diagnosis was of "concerning" for sexual abuse, and not a conclusive diagnosis of sexual abuse, there was no plain error. The Court held that under State v. Southard, 347 Or 127 (2009), any admission of a diagnosis of sexual abuse, without supporting physical evidence is plain error. Reversed and Remanded.