ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S067922
CA Number:
A163905
Case Title:
State of Oregon v. Kyle Allan Belden
Date:
03/18/2021
Time:
09:00 AM
Location:
Via Video Case 2
Attorneys:
John Paul Evans on behalf of Kyle Allan Belden
Gregory A Rios on behalf of State of Oregon
Comments:
Statement of Issues:
(1) To invoke the unavailability exception to the confrontation right under the Oregon constitution, is the state required to exhaust methods of producing a witness that arise only once the witness fails to appear on the morning that trial is scheduled
to begin?

(2) Has state established that an absent witness is unavailable when the record shows (1) that the state had not to engaged the witness's probation officer to help induce the witness to comply with her subpoena, and (2) that the state had not attempted to enforce its subpoena through available statutory procedures?

These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Merit Briefs67922BRMP.pdf67922BRMP.pdf67922BRMR.pdf67922BRMR.pdf67922BRRP.pdf67922BRRP.pdf


Last Revised: 03/16/2021