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STATE v. CUNNINGHAM

(C930434CR; CA A87792; SC S50010).

99 P.3d 271 (2004)

337 Or. 528

STATE of Oregon, Petitioner on Review, v. Bradly Morris CUNNINGHAM, SR., Respondent on Review.

Supreme Court of Oregon.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

George Kelly, Eugene, argued the cause and filed the brief for respondent on review.

James E. Mountain, Jr., of Harrang Long Gary Rudnick, P.C., Portland, filed briefs on behalf of amicus curiae Garvey Schubert Barer. With him on the briefs were Robert C. Weaver, Jr., and Garvey Schubert Barer.

Before CARSON, C.J., and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, JJ.

BALMER, J.

The issue in this criminal case is whether the trial court properly admitted certain testimony at defendant's trial under the excited utterance exception to the hearsay rule. The trial court concluded that statements that the victim had made to her mother during a telephone call shortly before the victim's death were admissible under OEC 803(2), which provides an exception to the general rule that hearsay is inadmissible in Oregon trials.

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