[DV_listserv] Good case!

[Domestic Violence issues]

Good analysis of what steps the State needs to take to prove unavailability.


State v. Starr
Date Filed: 02-11-2015
Case #: A152960
DeVore, P.J. for the Court; Ortega, J.; & Garrett, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A152960.pdf

Holding: Admissible hearsay statements do not violate the state constitution's Confrontation Clause if the State has adequately proven victim's "unavailability" and the statements have an indicia of reliability.

Defendant appeals his judgment of conviction. Defendant assaulted his wife and threatened a group of bystanders. The state charged him with attempted first-degree assault, menacing, unlawful use of a weapon, and fourth-degree assault constituting domestic violence. At trial, the judge allowed admission of the victim's 911 call and her statements to responding police officers as evidence. Defendant objected, arguing that admission of the statements violated his constitutional right to confront the witness who was unavailable at trial. The trial court overruled and defendant was convicted. Defendant appealed and the Court affirmed, holding that the prosecution made sufficient effort to find the victim and that she was "unavailable." It also held that harmless testimonial statements do not violate the Confrontation Clause. Affirmed.


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