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STATE v. JANSEN

220313089; A123414.

108 P.3d 92 (2005)

198 Or. App. 260

STATE of Oregon, Appellant, v. John Izzick JANSEN, Respondent.

Court of Appeals of Oregon.

Decided March 9, 2005.

Attorney(s) appearing for the Case

Erika L. Hadlock, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

David A. Hill, Eugene, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Defendant was charged with interference with making a report, ORS 165.572, for preventing his wife from calling 9-1-1 during a domestic dispute. The trial court granted defendant's motion to suppress his wife's testimony based on the spousal privilege, OEC 505; in doing so, the court rejected the state's argument that the privilege did not apply because the case fell within the exception stated in OEC 505(4) for situations in which a spouse is charged...

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