State v. Jackson

This case is before us on remand from the Oregon Supreme Court. State v. Jackson, 335 Or 90, 58 P3d 821 (2002). We originally reversed the trial court’s pretrial ruling granting defendant’s motion in limine to exclude hearsay that the state sought to admit into evidence under the “excited utterances” exception to the hearsay rule. State v. Jackson, 175 Or App 288, 27 P3d 166 (2001) (per curiam opinion citing State v. Rumary, 173 Or App 219, 21 P3d 166 (2001)). We concluded that admitting the hearsay would not violate defendant’s confrontation rights under Article I, section 11, of the Oregon…