State v. Rumary

The state appeals from a pretrial order denying its motion to admit hearsay statements by the declarant/ complainant under the “excited utterance” exception to the hearsay rule. OEC 803(2). ORS 138.060(3). In particular, the state argues that the trial court erred in concluding that, under State v. Moore, 159 Or App 144, 978 P2d 395, rev allowed 329 Or 438 (1999), hearsay is admissible as an excited utterance only if the declarant is “unavailable” for Confrontation Clause 2 purposes, and that, because the declarant was present and available to testify, the state, as proponent of the hearsay,…