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STATE v. MIZENKO

No. 04-488.

127 P.3d 458 (2006)

2006 MT 11

330 Mont. 299

STATE of Montana, Plaintiff and Respondent, v. Gregory Michael MIZENKO, Defendant and Appellant.

Supreme Court of Montana.

Submitted April 26, 2005.

Decided January 11, 2006.

Attorney(s) appearing for the Case

For Appellant: Martin W. Judnich (argued), Missoula, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; John Paulson (argued), Special Assistant Attorney General, Helena, Montana, Stephen A. Gannon, County Attorney, Fort Benton, Montana.

For Amici Curiae: Michael Donahoe, Bozeman, Montana (Criminal Defense Trial Lawyers), Marty Lambert, Bozeman, Montana (County Attorneys Association), Christine A. Mandiloff, Helena, Montana (Montana Coalition Against Sexual and Domestic Violence).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The jury convicted Gregory Mizenko (Mizenko) of his third offense of Partner or Family Member Assault in violation of § 45-5-206, MCA. During trial, the District Court admitted a number of hearsay statements from the victim, Mizenko's wife, Debra. Mizenko appeals. We affirm.

¶ 2 The issue is: Were Debra's statements testimonial?1

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