State v. Supanchick

In 2005, the Oregon legislature added a new exception to the prohibition against the admission of hearsay evidence. Or Laws 2005, ch 458, § 1; see OEC 804(3)(g). Under that exception, a declarant’s hearsay statements are admissible against a party “who engaged in * * * wrongful conduct that was intended to [and did] cause the declarant to be unavailable as a witness.” OEC 804(3)(g). Throughout this litigation, defendant has argued that his wife’s hearsay statements do not come within the terms of that exception and that, if they do, admitting her statements violated his rights under the state…