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STATE v. HARRIS

CC 12FE0978; SC S064377.

404 P.3d 926 (2017)

362 Or. 55

STATE of Oregon, Petitioner on Review, v. Kenneth James HARRIS, aka Kenneth James Harris-Maynard, aka Kenneth James Maynard, Respondent on Review.

Supreme Court of Oregon.

October 19, 2017.

Attorney(s) appearing for the Case

Gregory A. Rios, Assistant Attorney General, Salem, argued the cause for petitioner on review. Jennifer S. Lloyd, Assistant Attorney General, filed the brief, joined by Gregory A. Rios. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

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

Margaret Garvin, Portland, filed the brief for amicus curiae National Crime Victim Law Institute at Lewis & Clark Law School. Also on the brief was Rebecca S.T. Khalil.

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

Article I, section 11, of the Oregon Constitution provides a criminal defendant the right "to meet the witnesses face to face." That right of confrontation is not absolute, though. If the state shows that a witness is "unavailable," it may offer reliable hearsay evidence without presenting a...

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