State v. Belden

Summary

The Oregon Supreme Court reversed the Court of Appeals and the circuit court, holding that the state failed to meet its burden to prove the victim witness was unavailable because it did not exhaust reasonably available measures, including those after the witness failed to appear, and that the defendant’s objection to a continuance does not bar his challenge. The court clarified that the unavailability determination is a question of law and that the burden extends to post‑failure measures even if they would require a trial delay.