Shumway v. Oregon State Peniten., Corr. Div.

I concur with the result reached by the majority, but find it unnecessary to “disapprove” or “overrule” Grisel *468v. OSP, 290 Or 719, 625 P2d 651, cert den 454 US 846, 102 S Ct 164, 70 LEd 2d 134 (1981).1

In Grisel v. OSP, supra, this court at 721 said:

“Petitioner’s sole complaint is that the statement T saw Grisel stab Smith’ is a ‘conclusory statement’ in that it does not state how or where the stabbing took place and therefore cannot be compared to the other evidence in the case. * * *

“* * * The statement is not conclusory; it is a statement of directly observed fact. * * * Therefore,…