State v. Harris

Defendant appeals a judgment of conviction for attempted misdemeanor fourth-degree assault, which was based on an incident involving his girlfriend’s 16-year-old daughter, E. On appeal, defendant argues that the trial court erred by admitting a recording of E’s 9-1-1 call after she failed to appear as a witness on the morning scheduled for trial. According to defendant, the admission of E’s out-of-court statements violated his rights under the confrontation clause of Article I, section 11, of the Oregon Constitution, because the state failed to prove that it made a good-faith effort to secure…