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State v. Edblom

Summarized by: 

Date Filed: 06-05-2013
Case #: A145731
Duncan, J. for the court; Armstrong, P.J.; and Brewer; J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145731.pdf

Evidence: When admitting certain hearsay statements under under OEC 803(18a)(b), notice must be served that identifies the substance of the statement sought to be introduced and also identify the witness or the means by which the statement will be introduced.

Defendant appealed his conviction of three counts of sexual abuse in the first degree and two counts of unlawful sexual penetration in the first degree.  Defendant argued that the State did not provide the required notice for certain hearsay statements that were subsequently admitted by the trial court. The Court of Appeals held that the trial court erred in admitting certain hearsay statements under OEC 803(18a)(b) due to insufficient notice. In order to be sufficient, notice must identify "the substance of the statement sought to be introduced and also identify the witness or the means by which the statement will be introduced." The offering party must make its intentions known to offer the evidence at least 15 days before trial. The Court ruled that the State did not comply with notice requirements, and that the error was not harmless. Reversed and remanded.