State v. Thackaberry

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). See ORS 813.010. In his original brief to this court, he assigned error to the trial court’s refusal to give a proposed jury instruction. After the state filed its respondent’s brief, the United States Supreme Court issued its decision in Crawford v. Washington,_US _, 124 S Ct 1354, 158 L Ed 2d 177 (2004). In light of that decision, defendant moved for leave to file a supplemental brief raising a further claim of error under Crawford. We granted the motion and also gave the state leave to respond to…