STATE v. OHLSON

No. 78238-5.

168 P.3d 1273 (2007)

STATE of Washington, Respondent, v. James Douglas OHLSON, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 18, 2007.


Attorney(s) appearing for the Case

Michelle Bacon Adams, Attorney at Law, Port Orchard, WA, for Petitioner.

Randall Avery Sutton, Jeremy Aaron Morris, Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Respondent.


FAIRHURST, J.

¶ 1 James Douglas Ohlson was convicted of two counts of assault in the second degree following a jury trial at which one victim, L.F., testified and the other victim, D.L., did not. Ohlson appeals his conviction on the grounds that D.L.'s out-of-court statements were improperly admitted as excited utterances and that admitting the statements violated Ohlson's Sixth Amendment right to confrontation. We hold that the trial court did not abuse its...

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