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STATE v. ISELI

A161740.

426 P.3d 238 (2018)

293 Or. App. 27

STATE of Oregon, Plaintiff-Appellant, Cross-Respondent, v. Chad Allen ISELI, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

July 25, 2018.

Attorney(s) appearing for the Case

Jennifer S. Lloyd , Assistant Attorney General, argued the cause for appellant-cross-respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Erica Herb , Deputy Public Defender, argued the cause for respondent-cross appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

This pretrial appeal raises the issue of when a witness is "unavailable" for purposes of the forfeiture-by-wrongdoing exception to the hearsay rule, OEC 804(3)(g). In this criminal prosecution, defendant has been charged with domestic violence crimes of assault, strangulation, menacing, coercion, and kidnapping. After the victim failed...

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