Oregon Supreme Court

State v. Martin

December 30, 2022370 Or. 653

Summary

The court held that due process requires a case-specific balancing of a probationer’s interest in confronting an adverse witness against the state’s good cause for not producing that witness, even when the challenged evidence falls within a firmly rooted hearsay exception. Applying that balancing, the court concluded that the state’s efforts to locate the unavailable victim and the reliability of her contemporaneous emergency call outweighed defendant’s confrontation interest. The court therefore affirmed the lower courts’ decisions.