State v. Marker

Defendant appeals from a conviction on a charge of disorderly conduct. OES 166.025. ① She was originally tried in district court and found guilty. She appealed her conviction to the circuit court, where she was again tried and convicted. It is from that conviction that she now appeals.

Defendant contends that ORS 166.025 is unconstitutional in that it is so broad and vague that prosecution under it violates due process of law. ② She also argues that the specific section of the statute with which she was charged, i.e., ORS 166.025 (l)(b), “Makes unreasonable noise * * lacks the specificity…