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STATE v. ISELI

SC S066142.

458 P.3d 653 (2020)

366 Or. 151

STATE of Oregon, Respondent on Review, v. Chad Allen ISELI, Petitioner on Review.

Supreme Court of Oregon, En Banc.

February 21, 2020.

Attorney(s) appearing for the Case

Sara F. Werboff, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet, Chief Defender.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

This interlocutory appeal involves the "unavailability as a witness" requirement under Oregon Evidence Code (OEC) 804(1), for purposes of applying an exception to the hearsay rule in a criminal case. Under OEC 804(1)(e), a potential witness is "unavailab[le]" if he or she is absent from a hearing, and the proponent seeking to introduce...

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