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STATE EX REL. JUV. DEPT. v. S.P.

(CC 2004812301; CA A129435; SC S056089).

215 P.3d 847 (2009)

346 Or. 592

In the Matter of S.P., a Youth. STATE ex rel. JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Petitioner on Review, v. S.P., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 13, 2009.

Attorney(s) appearing for the Case

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

Rebecca Duncan, Assistant Chief 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.

DURHAM, J.

This juvenile court delinquency proceeding comes before us on a question of federal constitutional law. In Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), the United States Supreme Court held that the Sixth Amendment to the United States Constitution forbids the admission of testimonial hearsay in a criminal trial, unless the declarant is unavailable and the defendant has had a prior opportunity...

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