Oregon Supreme Court

State of Oregon, Respondent on Review v. Kermit Eugene Southard, Petitioner on Review

October 1, 2009347 Or. 127

Summary

The court held that the KIDS Center's diagnosis of child sexual abuse was scientifically valid, but inadmissible because it offered little assistance beyond the jury's own credibility assessment and created a substantial risk that the jury would defer to the expert. The court therefore reversed the convictions and remanded for further proceedings. The court limited its ruling to an expert's ultimate diagnosis of sexual abuse and did not decide whether testimony about subsidiary principles may be admissible.