Big OSC opinion tomorrow
by: Ryan • February 12, 2014 • no comments
In approximately ten hours, the Oregon Supreme Court will issue an opinion in State v Supanchick out of Lane County. The questions presented (which may not turn out to the questions the court chooses to answer) are:
(1) Under what circumstances are a deceased victim's hearsay statements admissible under the "forfeiture by wrongdoing" exceptions codified as OEC 804(3)(g)(the general forfeiture exception) and OEC 804(3)(f) (the murder forfeiture exception)?
(2) Does the introduction of statements under Oregon's forfeiture by wrongdoing exceptions (OEC 804(3)(f) & (g)), without an opportunity to cross -examine the declarant, violate Article I, section 11, of the Oregon Constitution?
(3) Does the introduction of the victim's statements under Oregon's forfeiture by wrongdoing exceptions (OEC 804(3)(f) & (g)), without an opportunity to cross-examine the declarant, satisfy the Confrontation Clause requirements under the Sixth Amendment to the United States Constitution?
(4) If defendant calls an expert witness who testifies that he diagnosed defendant with post traumatic stress disorder, and then, during cross-examination, the expert indicates that he relied on e-mails in formulating his opinion, has defendant opened the door to the introduction of the specific content of those e-mails?
(5) Is expert testimony that the police employed a specific interview technique when they obtained defendant's confession relevant to whether defendant's statements were voluntary?
(6) Is testimony that police action might have had an impact on defendant's state of mind relevant to a murder case in which the primary issue of contention is defendant's intent?
