ENTRY FORM | ||
| CALENDAR STATUS: Active | ||
 | | |
SC Number: | | S059928 |
CA Number: | | |
Case Title: | | State of Oregon v. Lorraine Elizabeth Sarich |
Date: | | 04/30/2012 |
Time: | | 09:30 AM |
Location: | | Supreme Court |
Attorneys: | | Anna Marie Joyce on behalf of State of Oregon Peter Gartlan on behalf of Lorraine Elizabeth Sarich |
Comments: | | |
Statement of Issues: | | State of Oregon v. Lorraine Elizabeth Sarich (S059928) (on direct appeal under ORS 138.060(2)(a); appeal of order entered by the Marion County Circuit Court). This case comes before the Oregon Supreme Court on direct appeal of two pretrial orders in a prosecution for aggravated murder -- one declaring a state’s witness to be incompetent to testify at trial, and another suppressing evidence. The state’s assignments of error raise the following issues: (1) Whether the trial court erred in declaring a potential witness incompetent to testify at trial; and (2) Whether the trial court erred in excluding evidence of that same witness’s out-of-court statements, including whether the trial court properly excluded the evidence under Crawford v. Washington, 541 US 36, 124 S Ct 1354, 158 L Ed 2d 177 (2004); and whether the trial court properly excluded the evidence under OEC (Oregon Evidence Code) 403. The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20. |
Justice(s) NOT Participating: | ||