STATE v. STEEN

(CC 03C40531; CA A128423; SC S055691).

206 P.3d 614 (2009)

346 Or. 143

STATE of Oregon, Petitioner on Review, v. Patrick Kelly STEEN, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided April 16, 2009.


Attorney(s) appearing for the Case

Doug M. Petrina, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Anne Fujita Munsey, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.


WALTERS, J.

In this criminal case, we determine the reviewability on appeal of defense counsel's deliberate decision at trial not to object to otherwise excludable hearsay testimony.

Before the Court of Appeals, defendant claimed that admission of testimonial hearsay, to which he had not objected at trial, violated his right to confront adverse witnesses under the Sixth Amendment to the United States Constitution.1 The Court of...

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