State v. Miller

Court of Appeals of Oregon

State v. Miller

624 P.2d 1100, 51 Or. App. 285, 1981 Ore. App. LEXIS 2502

CourtCourt of Appeals of Oregon

DecidedMarch 16, 1981

DocketNo. M-80-7-14, CA 18719

StatusPublished

This text of 624 P.2d 1100 (State v. Miller) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Miller, 624 P.2d 1100, 51 Or. App. 285, 1981 Ore. App. LEXIS 2502 (Or. Ct. App. 1981).

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Opinion

PER CURIAM

In this mental commitment proceeding, the trial court admitted, over defendant’s objections, the testimony of defendant’s treating physician and the investigation report prepared by that physician. The information obtained by defendant’s treating physician in attending defendant is privileged. ORS 44.040(d). The privilege applies to commitment proceedings. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976).

Accordingly, it was error to have admitted the testimony and report, and, as the state concedes, without that evidence, "there isn’t much left.” We agree.

Reversed.

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PER CURIAM

In this mental commitment proceeding, the trial court admitted, over defendant’s objections, the testimony of defendant’s treating physician and the investigation report prepared by that physician. The information obtained by defendant’s treating physician in attending defendant is privileged. ORS 44.040(d). The privilege applies to commitment proceedings. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976).

Accordingly, it was error to have admitted the testimony and report, and, as the state concedes, without that evidence, "there isn’t much left.” We agree.

Reversed.

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Bluebook (online)

624 P.2d 1100, 51 Or. App. 285, 1981 Ore. App. LEXIS 2502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-orctapp-1981.

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