STATE v. SMITH

No. 71787-7.

59 P.3d 74 (2002)

148 Wash.2d 122

STATE of Washington, Respondent, v. Wallace Michael SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 12, 2002.

Reconsideration Denied February 19, 2003.


Attorney(s) appearing for the Case

James Bendell, Port Townsend, for Petitioner.

Juelie B. Dalzell, Jefferson County Prosecutor, Michael Haas, Deputy, Jill Landes, Deputy, Port Townsend, for Respondent.


BRIDGE, J.

Wallace Michael Smith seeks reversal of the Court of Appeals decision affirming his conviction for first degree rape of a child (RCW 9A.44.073). Smith argues that the trial court violated his state and federal confrontation clause rights when it ruled that the child victim, J.S., was unavailable to testify for the purpose of allowing hearsay under RCW 9A.44.120 without first requiring the State to show that J.S....

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