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STATE v. GRAVES

D103364M; A148004.

332 P.3d 319 (2014)

264 Or. App. 358

STATE of Oregon, Plaintiff-Respondent, v. Joshua Laifer GRAVES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Alice Newlin-Cushing , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

DUNCAN, P.J.

Defendant's assignments of error raise a question of first impression under Oregon law: Does the mere act of forwarding an e-mail create an additional layer of hearsay regarding the content of that e-mail? In this stalking case, defendant sent e-mails to "Nona," who then forwarded those e-mails to her daughter, "T.N.," one of defendant's victims. Defendant now argues that, by forwarding the e-mails, Nona added a layer of hearsay for which there was no...

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