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STATE v. PHILLIPS

CC 90C-20585; CA A69963; SC S39138.

840 P.2d 666 (1992)

314 Or. 460

STATE of Oregon, Respondent on Review, v. Stacey Scott PHILLIPS, Petitioner on Review.

Supreme Court of Oregon.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause and filed the response for respondent on review. With her on the response were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before CARSON, C.J., and PETERSON, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

GRABER, Justice.

This criminal case involves the admissibility of certain out-of-court statements of a child victim of sexual abuse. The trial court ruled that the child, who was four years old at the time of trial, was unavailable as a witness. The court received the child's statements that defendant sexually abused her but excluded the child's statements offered by defendant as impeachment. After trial to the court, defendant was found guilty of sexual abuse in...

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