STATE v. O'CAIN

No. 65735-6-I.

279 P.3d 926 (2012)

STATE of Washington, Respondent, v. James Master O'CAIN, Appellant.

Court of Appeals of Washington, Division 1.

July 2, 2012.


Attorney(s) appearing for the Case

Oliver R. Davis , Washington Appellate Project, Seattle, WA, for Appellant.

Ann M. Summers , King County Prosecutor's Office, Seattle, WA, for Respondent.


DWYER, J.

¶ 1 United States Supreme Court precedent establishes that it is a defendant's obligation to raise at or before trial a Sixth Amendment confrontation clause objection to the admission of statements made by an absent witness. A failure to assert the right at or before trial results in the right being forgone. Here, James O'Cain was convicted of one count of assault in the second degree, one count of assault in the fourth degree, and one count of felony...

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