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STATE v. CAZARES-MENDEZ/REYES-SANCHEZ

(CC C052532CR; CA A136094; SC S058406 (Control)); (CC C052531CR; CA A136062; SC S058554).

256 P.3d 104 (2011)

350 Or. 491

STATE of Oregon, Petitioner on Review, v. Jose Guadalupe CAZARES-MENDEZ, aka Leonardo Cruz-Casarez, Respondent on Review. State of Oregon, Petitioner on Review, v. Jorge Reyes-Sanchez, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided July 8, 2011.

Attorney(s) appearing for the Case

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Daniel J. Casey , Portland, argued the cause and filed the briefs for respondent on review Jose Guadalupe Cazares-Mendez.

Robin A. Jones , Senior Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review Jorge Reyes-Sanchez. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

BALMER, J.

Defendants Jose Guadalupe Cazares-Mendez and Jorge Reyes-Sanchez were convicted of aggravated murder in the death of Jessie Valero. During their separate trials, the court refused to allow them to present hearsay evidence from four different witnesses that another person, Tiffany Scherer, had stated that she had committed the murder. The Court of Appeals held that the trial court had erred in excluding the hearsay testimony. State v. Cazares-Mendez,...

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