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STATE v. SUPANCHICK

(CC 200525537; CA A139011; SC S060017).

323 P.3d 231 (2014)

354 Or. 737

STATE of Oregon, Respondent on Review, v. Tyke Thomas SUPANCHICK, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided February 13, 2014.

Attorney(s) appearing for the Case

Joshua B. Crowther , Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan , Chief Defender.

Michael A. Casper , Deputy Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, BREWER, and BALDWIN, Justices.

KISTLER, J.

In 2005, the Oregon Legislature added a new exception to the prohibition against the admission of hearsay evidence. Or. Laws 2005, ch. 458, § 1; see OEC 804(3)(g). Under that exception, a declarant's hearsay statements are admissible against a party "who engaged in * * * wrongful conduct that was intended to [and did] cause the declarant to be unavailable as a witness." OEC 804(3)(g).1 Throughout this litigation...

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