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STATE v. MASON

No. 52824-6-I.

110 P.3d 245 (2005)

STATE of Washington, Respondent, v. Kim Heichel MASON, Appellant.

Court of Appeals of Washington, Division 1.

Reconsideration Denied June 10, 2005.

Attorney(s) appearing for the Case

Nancy P. Collins, Washington Appellate Project, Seattle, WA, for Appellant.

Andrea R. Vitalich, King County Prosecutor's Office, Seattle, WA, for Respondent.

PUBLISHED IN PART

AGID, J.

¶ 1 Kim Mason was convicted of first degree aggravated murder after his friend, Hartanto Santoso, disappeared. Mason appeals, arguing the trial court violated his Confrontation Clause rights by permitting witnesses to testify about statements Santoso made before he disappeared. We hold that out-of-court statements made by unavailable witnesses while in peril, for the purpose of seeking protection, are not "testimonial" and...

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