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STATE v. SHAFER

No. 75605-8.

128 P.3d 87 (2006)

STATE of Washington, Respondent, v. Stoney Daye SHAFER, Appellant.

Supreme Court of Washington, En Banc.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Lenell Rae Nussbaum, Attorney at Law, Seattle, for Petitioner/Appellant.

Gerald Allen Horne, Kathleen Proctor, John Martin Neeb, Donna Yumiko Masumoto, Pierce Co. Prosc Atty Office, Tacoma, for Appellee/Respondent.

ALEXANDER, C.J.

¶ 1 Stoney Shafer was convicted of rape of a child in the first degree. At trial, certain statements that the alleged child victim made to her mother and another person were admitted pursuant to RCW 9A.44.120, notwithstanding the fact that the victim did not testify at the trial and Shafer had no prior opportunity to cross-examine the child. Shafer appeals, claiming that RCW 9A.44.120 facially or as applied, runs afoul of the constitutions of...

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