Steward v. Gable

(1) Whether Oregon Evidence Code Rule 804(3)(c), which allows admission of an out-of-court statement against penal interest only if the declarant is unavailable and the statement is supported by corroborating circumstances that clearly indicate its trustworthiness, violates the due process clause of the 14th Amendment as interpreted by Chambers v. Mississippi when it excludes a third-party confession that is recanted by the declarant in court and inconsistent with known facts about the crime; and (2) whether recantations by trial witnesses and a recanted third-party confession are sufficient to satisfy Schlup v. Delo.