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STATE v. CARTWRIGHT

(CC 97CR1088; CA A101495; SC S48816).

85 P.3d 305 (2004)

336 Or. 408

STATE of Oregon, Respondent on Review, v. David Brian CARTWRIGHT, Petitioner on Review.

Supreme Court of Oregon.

Decided February 26, 2004.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was David Groom, Public Defender.

Jennifer S. Lloyd, Assistant Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

GILLETTE, J.

In this criminal proceeding, defendant contends that the trial court erred by quashing subpoenas and denying various motions that were aimed at obtaining certain prior statements of persons whose testimony the state planned to introduce against defendant at trial. The trial court quashed the subpoenas and denied the motions on the grounds that the statements, which were recorded on audiotapes, were in the possession and control of a third party and were...

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