State v. Stafford

I agree with the majority that defendant preserved the argument that the state failed to establish an adequate foundation under State v. Brown, 297 Or 404, 687 P2d 751 (1985), for the admission of Dr. Knapp’s testimony. I also agree that the disputed evidence is relevant under OEC 401. My disagreement with the majority is with its holding thát this is not “scientific evidence” as those terms are used in Brown. For the reasons discussed in Judge Landau’s dissent, in my view, we are compelled by existing case law to hold that this is scientific evidence and that an adequate foundation under…