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RICO-VILLALOBOS v. GIUSTO

SC S52042.

118 P.3d 246 (2005)

339 Or. 197

Osvaldo RICO-VILLALOBOS, Plaintiff, v. Bernie GIUSTO, Multnomah County Sheriff, Defendant.

Supreme Court of Oregon.

Decided August 18, 2005.

Attorney(s) appearing for the Case

Michael D. Curtis, Portland, of Curtis & Correll, Attorneys at Law, Portland, argued the cause and filed the petition and memorandum for plaintiff.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause and filed the memoranda for defendant. With him on the memoranda were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

BALMER, J.

This original habeas corpus proceeding requires us to determine whether, in a pretrial release hearing for a defendant in a murder case, Oregon law permits the trial court to rely only on evidence that would be admissible in the defendant's criminal trial. At defendant's1 pretrial release hearing, the trial court allowed the state to present hearsay evidence through the testimony of...

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