State of Oregon v. Ramon Amador-Hernandez

Porland, Oregon criminal defense lawyer represented the Defendant charged with two counts of first-degree criminal mistreatment, ORS 163.205, and a second judgment convicting him of five counts of first-degree sexual abuse, ORS 163.427.



The state charged defendant with first-degree criminal mistreatment of each of his two daughters, G and T Following the state's presentation of evidence, defendant moved for judgment of acquittal on both counts. The trial court denied the motion and found defendant guilty of both counts, explaining that the state presented evidence sufficient to conclude that defendant "knowingly withheld necessary and adequate food and dental care from [G] and [T] and that these conditions caused or were likely to cause serious physical injury."



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Legal issue Can video statements made during an evaluation for medical diagnosis or treatment be admitted as evidence, even if the declarant questions the necessity of the examination?



Key Phrases First-degree criminal mistreatment. First-degree sexual abuse. Motion for judgment of acquittal. Hearsay statements. Medical diagnosis or treatment.

Affirmed