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STATE v. BIRCHFIELD

CC 021254735; CA A123284; SC S53363.

157 P.3d 216 (2007)

342 Or. 624

STATE of Oregon, Respondent on Review, v. William Ernest BIRCHFIELD, Petitioner on Review.

Supreme Court of Oregon.

Decided April 19, 2007.

Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the petition for petitioner on review.

Paul L. Smith, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

WALTERS, J.

At issue in this case is whether the admission of a laboratory report at defendant's criminal trial violated his right "to meet the witnesses face to face" under Article I, section 11, of the Oregon Constitution or his right "to be confronted with the witnesses against him" under the Sixth Amendment to the United States Constitution. Over defendant's pretrial objection, the trial court, pursuant to ORS 475.235 and this court's decision in State v. Hancock...

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