State v. Busch

No error exists if there are adequate grounds in the record to support the reliability of statements admitted under the domestic violence hearsay exception. State v. Wilcox, 180 Or App 557, 562, 43 P3d 1182, rev den, 334 Or 632 (2002).

Defendant appealed convictions for attempted sodomy, assault constituting domestic violence, menacing constituting domestic violence, and felon in possession of a firearm (FIP).  Defendant assigned error to the “trial court’s admission of the victim’s prior statements” to a police officer under the domestic violence hearsay exception and the use of a nonunanimous jury instruction.  On appeal, Defendant argued that the victim’s statements to the police were “insufficiently reliable” under the domestic violence hearsay exception, OEC 803(26).  In response, the State asserted that there was sufficient evidence in the record to show the victim’s statements were reliable.  No error exists if there are adequate grounds in the record to support the reliability of statements admitted under the domestic violence hearsay exception. State v. Wilcox, 180 Or App 557, 562, 43 P3d 1182, rev den, 334 Or 632 (2002).  The Court found the record contained sufficient grounds to conclude that the victim’s statements were reliable under OEC 803(26).  The Court reversed and remanded the convictions for attempted sodomy and FIP due to nonunanimous verdicts.  Convictions on two counts reversed and remanded; remanded for resentencing on the remaining counts; otherwise affirmed.