Narrative Opinion Summary
The appellate court addressed two key issues in the appeal regarding the establishment of paternity. First, it evaluated the admissibility of expert testimony concerning the "probability of paternity" based on statistical analysis of the putative father's blood. The court determined that the testimony from the state's expert witnesses complied with the standards set forth in Plemel v. Walter. Second, the court found that the trial court erred by not conducting a hearing on the defendant’s objections to the state's cost bill and request for attorney fees, as required by ORCP 68 C(4)(c). Consequently, the appellate court reversed and remanded the case for further proceedings on attorney fees and costs, while affirming the remaining aspects of the trial court's judgment.
Legal Issues Addressed
Admissibility of Expert Testimony on Probability of Paternitysubscribe to see similar legal issues
Application: The appellate court evaluated and affirmed the admissibility of statistical expert testimony regarding the probability of paternity, finding it compliant with established standards.
Reasoning: The court determined that the testimony from the state's expert witnesses complied with the standards set forth in Plemel v. Walter.
Requirement for Hearing on Objections to Cost Bill and Attorney Feessubscribe to see similar legal issues
Application: The appellate court found procedural error in the trial court's failure to conduct a hearing on the defendant’s objections to the state's cost bill and request for attorney fees.
Reasoning: The court found that the trial court erred by not conducting a hearing on the defendant’s objections to the state's cost bill and request for attorney fees, as required by ORCP 68 C(4)(c).
Reversal and Remand for Further Proceedings on Attorney Fees and Costssubscribe to see similar legal issues
Application: The appellate court reversed the trial court's judgment concerning attorney fees and costs, remanding the case for further proceedings on these matters while affirming other aspects of the judgment.
Reasoning: Consequently, the appellate court reversed and remanded the case for further proceedings on attorney fees and costs, while affirming the remaining aspects of the trial court's judgment.