State v. Jensen

Defendant was convicted of first-degree assault, ORS 163.185, and first-degree criminal mistreatment, ORS 163.205. On appeal, he assigned as error the trial court’s failure to sustain his objection to the testimony of a nurse who had treated the three-year-old victim, about the child’s description of how he was injured. Defendant argued that the testimony was inadmissible hearsay. He also argued, for the first time on appeal, that the Confrontation Clauses of the Oregon 1 and United States Constitutions 2 mandate that the evidence should not have been admitted without a preliminary finding…