- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 07-27-2022
- Case #: A173918
- Judge(s)/Court Below: Joyce, J. For the Court; Mooney, P.J. & Hadlock, J.
- Full Text Opinion
Defendant sought reconsideration of footnote 2 in the State v. Wagner, 319 Or App 399, 509 P.3d 731 (2022) decision. Footnote 2 refused to decide whether an officer was qualified to give scientific opinion evidence on strangulation. The Court replaced footnote 2 with a new footnote explaining the following: “On appeal, defendant does not challenge the scientific validity and reliability of Dorsey’s testimony. The only issue on appeal related to Dorsey’s testimony is her qualification to offer proffered expert testimony under OEC 702.” Petition for reconsideration allowed; former opinion modified and adhered to as modified.