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STATE v. NIELSEN

CC C89-0964CR; CA A62544; SC S37614.

853 P.2d 256 (1993)

316 Or. 611

STATE of Oregon, Respondent on Review, v. Richard Andrew NIELSEN, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Laura Graser, Portland, argued the cause and filed the petition for petitioner on review.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

FADELEY, Justice.

Defendant was convicted of forgery after a trial to the court. An out-of-court statement of defendant's accomplice, Shelly Rimer, was admitted in evidence under the exception stated by OEC 804(3)(c), which permits admission of hearsay statements that are against the penal interest of a declarant who is unavailable as a witness.1 Defendant argues that the admission of Rimer's...

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