State v. Harris

Where hearsay evidence of a material witness is admitted and the state has not made a good faith effort to secure the witness's attendance, such admission violates the defendant's rights under the Confrontation Clause of Article I, section 11, of the Oregon Constitution.

Defendant appealed conviction for attempted misdemeanor fourth-degree assault, arguing the trial court erred by admitting a recording of the victim’s 911 call when she failed to appear as a material witness. Defendant argued this admission was in violation of his rights under the confrontation clause of Article I, section 11, of the Oregon Constitution, because the State failed to make a good-faith effort to secure the victim’s attendance. The Court of Appeals held that the State’s defense that it had subpoenaed the victim was insufficient to show the State had made a good faith effort to secure her attendance. The Court therefore held that the State’s effort was not sufficient to establish that the victim was unavailable to testify, and that in the absence of further efforts by the State, the victim’s out-of-court statements were admitted in violation of Defendant’s Article I, section 11, rights. Reversed and remanded.