Plemel v. Walter

In this filiation proceeding the jury, by a 9-3 vote, found that Brent Walter was the father of Dena Plemel’s child. Plemel’s expert witness testified that blood tests of Plemel, Walter and the child did not exclude the possibility that Walter was the father. Walter did not challenge the validity of the tests or the failure of the tests to exclude him but did object, on grounds of irrelevance and prejudice, to testimony by the expert regarding the probability that he was the father. The trial court permitted the testimony, and the Court of Appeals affirmed, Plemel v. Walter, 80 Or App 250,…