Legal Opinion

State v. Wibbens

Court of Appeals of Oregon

Decided November 17, 2010No. 08CR0400FE; A140035PublishedCited by 15 opinions

1Opinion of the CourtSercombe, J.

Defendant appeals a judgment revoking his probation for violating a condition of his probation. He assigns error to the trial court’s admission of hearsay evidence at his probation revocation hearing, arguing that it violated his right to confront witnesses against him under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. In light of the unreliability of the hearsay evidence, the lack of good cause for denying confrontation, and the absence of other evidence to support the judgment, we conclude that the admission of the hearsay evidence violated…

2Cases cited6 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. United States v. ComitoCourt of Appeals for the Ninth Circuit · 1999
  4. UNITED STATES of America, Plaintiff-Appellee, v. Donald Martel WALKER, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  5. State v. JohnsonCourt of Appeals of Oregon · 2008

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3Cited by15 opinions

  1. State v. GuthrieNew Mexico Supreme Court · 2011
  2. State v. LobueCourt of Appeals of Oregon · 2020
  3. State v. MartinOregon Supreme Court · 2022
  4. State v. MosleySupreme Court of New Jersey · 2018
  5. State v. TerryCourt of Appeals of Oregon · 2011

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