State v. Swader

• Decision Date: 27 August 1985
• Citation: 299 Or. 729,705 P.2d 196
• Parties: STATE of Oregon, Respondent on review, v. Gary Lawrence SWADER, Petitioner on review. CC 10-82-06460; CA A28791; SC S31658.
• Court: Oregon Supreme Court

Page 196

705 P.2d 196

299 Or. 729

STATE of Oregon, Respondent on review, v. Gary Lawrence SWADER, Petitioner on review.

CC 10-82-06460; CA A28791; SC S31658.

Supreme Court of Oregon, In Banc.

Aug. 27, 1985.

John Daugirda, Deputy Public Defender, Salem, for petitioner on review. With him on the petition was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, Asst. Atty. Gen., Salem, for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Prior report: 72 Or.App. 593, 697 P.2d 557.

MEMORANDUM OPINION.

The defendant was convicted of Sodomy in the First Degree in a trial without a jury before the circuit court.

We allow review on the issues raised in the petition for review that the trial court erroneously admitted hearsay declarations of the alleged victim and that the defendant's state and federal confrontation rights were denied.

This case presents the same issues raised and decided in State v. Campbell, 299 Or. 633, 705 P.2d 694 (1985). The Court of Appeals is reversed and the case is remanded to the trial court for further proceedings not inconsistent with the decision in State v. Campbell, supra.

* Appeal from Lane County Circuit Court, Gregory G. Foote, Judge. 72 Or.App. 593, 697 P.2d 557 (1985).