|CALENDAR STATUS: Active|
|State of Oregon v. Luis Sanchez-Alfonso|
|Bronson D James on behalf of Luis Sanchez-Alfonso|
Anna Marie Joyce on behalf of State of Oregon
Statement of Issues:
|State of Oregon v. Luis Sanchez-Alfonso (S059458) (A135246) (appeal from Washington County Circuit Court; opinion reported at 238 Or App 160, 241 P3d 1194 (2010)).|
Defendant Luis Sanchez-Alfonso has been granted review of a Court of Appeals decision that affirmed defendant's convictions for assault II, assault III, and two counts of criminal mistreatment.
On review, the issues are:
(1) Is a diagnosis of intentional physical abuse, perpetrated by a specific individual, admissible scientific evidence under State v Brown, 297 Or 404, 687 P2d 751 (1984), and State v. O'Key, 321 Or 285, 899 P2d 663 (1995)?
(2) In a diagnosis where a specific individual is diagnosed as the perpetrator, can that part of the diagnosis be stricken, or "blue-lined" out of the diagnosis, rendering the remainder of the diagnosis scientifically admissible?
(3) Can a diagnosis of intentional physical abuse perpetrated by a specific individual ever be harmless error?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: