STATE v. COOK

(CC 961037561; CA A106503; SC S49851).

135 P.3d 260 (2006)

340 Or. 530

STATE of Oregon, Respondent on Review, v. David Allen COOK, Petitioner on Review.

Supreme Court of Oregon.

Decided May 11, 2006.


Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Rankin Johnson, IV, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the briefs were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and David E. Groom, Deputy Public Defender, Office of Public Defense Services.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.


CARSON, J.

At issue in this criminal case is whether the admission of hearsay statements by two codefendants who did not testify at defendant's criminal trial violated defendant's right "to meet the witnesses face to face" under Article I, section 11, of the Oregon Constitution, or his right "to be confronted with the witnesses against him" under the Sixth Amendment to the United States Constitution. During defendant's trial...

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