STATE v. SHELTON

04CF114; A129311.

180 P.3d 155 (2008)

218 Or. App. 652

STATE of Oregon, Plaintiff-Respondent, v. Justin Jay SHELTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 19, 2008.


Attorney(s) appearing for the Case

Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Shawn Wiley, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and RIGGS, Senior Judge.


SCHUMAN, J.

Defendant was convicted of four counts of sexual abuse in the first degree, ORS 163.427. He appeals from the convictions on two of those counts, arguing that the trial court erroneously admitted hearsay statements made by the victim. He contends that, because the victim was unavailable and defendant did not have the opportunity to cross-examine her, admitting her statements violated his Sixth Amendment right to confront the witnesses against him, as the...

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