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STATE v. OHLSON

No. 32112-2-II.

125 P.3d 990 (2005)

131 Wash.App. 71

STATE of Washington, Respondent v. James Douglas OHLSON, Appellant.

Court of Appeals of Washington, Division 2.

December 28, 2005.

Attorney(s) appearing for the Case

Michelle Bacon Adams, Attorney at Law, Port Orchard, WA, for Appellant.

Randall Avery Sutton, Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Respondent.

PART PUBLISHED OPINION

BRIDGEWATER, J.

¶ 1 James Douglas Ohlson appeals his conviction of two counts of second degree assault. We hold that the victim's out-of-court statements were properly admitted as excited utterances. We further hold that these statements were non-testimonial and did not violate Ohlson's right of confrontation under Crawford v. Washington,1 and we adopt a per se rule that excited utterances cannot...

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