Oregon Appellate Court - June 5, 2013

by: Alarson and Abassos • June 6, 2013 • no comments

OEC 803(18a)(b) Requires a Specific Notice with Identified Hearsay Statements

Providing discovery does not constitute notice under OEC 803(18a)(b) (providing a hearsay exception for statements regarding abuse if they are corroborated and notice is given 15 days before trial). Here, the state’s notice was legally insufficient where it simply said that any and all hearsay statements in the police reports might be offered. Such a notice identifies no particular statements, witnesses or means by which the statements would be introduced. State v. Edblom, 257 Or App ___ (June 5, 2013).

Items seized during an inventory may not be processed as evidence

When a defendant’s personal property is lawfully secured pursuant to an inventory policy, processing the property as evidence constitutes an unlawful search and seizure (unless another exception applies). The state failed to show defendant's clothing and shoes would have been available to seize had the items not been inventoried unlawfully for purposes of the inevitable discovery doctrine. State v. Lovaina-Burmudez, 257 Or App ___ (June 5, 2013).