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STATE v. CAMPBELL

CC 10-81-02891; 10-81-02892/CA A26455/SC S30758.

705 P.2d 694 (1985)

299 Or. 633

STATE of Oregon, Respondent On Review, v. Robin Keith CAMPBELL, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Reassigned August 14, 1985.

Decided August 20, 1985.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Gary D. Babcock, Salem, Public Defender.

Virginia Linder, Asst. Sol. Gen., Salem, argued the cause for respondent on review. With her on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Marc D. Blackman, Portland, filed a brief amicus curiae on behalf of the ACLU Foundation of Oregon, Inc. With him on the brief was Ransom, Blackman & Simson, Portland.

Michael C. Sullivan, Madras, Michael D. Schrunk, Portland, and Dianne L. Middle, Salem, filed a brief amicus curiae on behalf of the Oregon Dist. Attys. Ass'n.

Stephen J. Williams, Deputy Public Defender, Salem, filed a brief amicus curiae on behalf of the Oregon Criminal Defense Lawyers Ass'n.

JONES, Justice.

This is a review of a criminal conviction. The issue is whether hearsay testimony by the mother of a three-year-old declarant who is the alleged victim of sexual abuse is admissible in evidence. We hold that under the facts of this case part of the testimony was admissible and part not if the defendant's confrontation rights are satisfied.

Defendant was convicted after a non-jury trial of two counts...

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