Supreme Court of Oregon
786 P.2d 111 (Or. 1990)
Moen (defendant) was charged with the murder of his wife, Judith Moen (Judith), and mother-in-law, Hazel Chatfield. At trial, the prosecution introduced testimony of Dr. Daniel Mulkey, Chatfield’s doctor. Chatfield had seen Mulkey for a routine follow-up after a diagnosis of high blood pressure. Mulkey testified that Chatfield seemed very upset in his office and indicated that she might be suffering from depression. In response to a question from Mulkey, Chatfield told Mulkey that she was upset about her daughter Judith’s relationship with the defendant. According to Mulkey’s testimony, Chatfield told him that the defendant had physically abused Judith and that Chatfield felt that the defendant “might kill them both.” Mulkey testified that he had diagnosed Chatfield with situational depression. The trial court admitted Mulkey’s testimony under the statements made for medical diagnosis exception to the hearsay rule. The trial court convicted the defendant of murder. He appealed.
Rule of Law
Holding and Reasoning (Jones, J.)
Dissent (Fadeley, J.)
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