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STATE v. BEMENT

(CC C100622CR) (SC S064956).

429 P.3d 715 (2018)

363 Or. 760

STATE of Oregon, Petitioner on Review, v. Brian Daniel BEMENT, Respondent on Review.

Supreme Court of Oregon.

November 8, 2018.

Attorney(s) appearing for the Case

Peenesh Shah , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Daniel C. Bennett , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender.

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, and Nelson, Justices, and Landau, Senior Justice pro tempore.

This appeal requires us to consider when an out-of-court statement reflecting a declarant's state of mind is hearsay and, if so, when the statement falls within a hearsay exception. During a criminal trial, the court admitted some email statements written by the victim, but excluded others as hearsay. The Court of Appeals reversed, concluding...

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