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Evidence Keyed to Best
State v. Cazares-Mendez
Citation:
256 P.3d 104 (Or. 2011)Facts
Valero was stabbed 29 times and found dead in her appartment. Cazares-Mendez and Reyes-Sanchez were charged with burglary and murder. After the murder, Scherer confessed to the crimes to four different individuals. Scherer’s confession included details and was made apparently spontaneous during discussions with the four witnesses. Scherer, however, would rescind her confession before both defendants’ trials.
During Cazares-Mendez’s trial, he attempted to admit Scherer’s statements under the hearsay exception for an unavailable witness; however, such exception did not apply due to Scherer’s availability.
During Reyes-Sanchez’s trial, he attempted to introduce Scherer’s confession under the residual exception to the hearsay rule. The trial court ruled the statement was a near-miss under the statement-against-interest exception, which prevented admissibility of the statements under the residual exception.
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