105 Or. App. 556 - State v. Logan’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Admissibility of the videotaped interview presents a closer question under OEC 803(4). The child told [the interviewer] essentially the same thing that she had told the doctor, so the videotaped statements met the second requirement [of source or cause]. The statements also met the third requirement, because [the doctor] testified that she relied on the statements in forming her diagnosis and recommending treatment. It is not as clear, however, that the statements met the first requirement, i.e. , that the child understood that her answers to [the interviewer's] questions were for the purposes of medical diagnosis or treatment. [The doctor] told the child that [the interviewer] needed to find out more about what had happened, but did not say why. On the other hand, [the doctor] did tell the child that [the interviewer] worked with [the doctor], and [the interviewer] conducted the interview in the same room that the doctor had used. Most importantly, [the interviewer] told the child that it was all right to talk about a penis when 'you're at the doctor's.' The trial court could conclude that the child knew that the interview was part of her doctor visit and was motivated in answering the questions by a desire for medical diagnosis or treatment."”

   1 later decision quote this exact passage
   e.g. 292 Or. App. 274 - State v. Gonzales