State v. Kelly

Following a reversal and remand for a new trial, State v. Kelly, 244 Or App 105, 260 P3d 551 (2011),1 defendant was convicted by a jury of 12 counts each of first-degree sexual abuse and first-degree sodomy against a child victim. On appeal, he assigns error to, among other things, the trial court’s admission, pursuant to OEC 803(18a)(b), of certain hearsay statements of the victim. He contends that the state, as the proponent of those hearsay statements, failed to comply with OEC 803(18a)(b)’s requirement that the proponent “make[] known to the adverse party the proponent’s intention to…