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STATE v. MACK

(CC 03C52412; SC S51395).

101 P.3d 349 (2004)

337 Or. 586

STATE of Oregon, Appellant, v. William Eugene MACK, Respondent.

Supreme Court of Oregon, En Banc.

Decided November 26, 2004.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rebecca A. Duncan, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for respondent. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

KISTLER, J.

The question that this case presents is whether the federal Confrontation Clause prohibits a Department of Human Services (DHS) caseworker from testifying to statements that a three-year-old child made to her during a police-directed interview. We hold that it does and affirm the trial court's order excluding that evidence.

The state charged defendant with murdering his girlfriend's two-year-old son Lucas. The autopsy revealed evidence of blunt...

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