Legal Opinion

State v. Walton

Court of Appeals of Oregon

Decided October 31, 2007No. 0406135CR, 0406147CR, 0407176CR, 0407177CR A126100 (Control), A126101, A126102, A126103PublishedCited by 6 opinions

1Opinion of the CourtSchuman, J.

The state in this case charged defendant with nine counts of contempt of court for acts that, as alleged, were both contempts and probation violations. The trial court granted defendant’s motion to dismiss on the grounds that the state cannot seek punitive contempt sanctions for conduct that also constitutes a probation violation and that, even if it can, in this case the prosecutor chose to avail himself of that more onerous option not by reference to consistently applied permissible criteria, but rather in a haphazard, standardless manner, thereby violating Article I, section 20, of the…

2Cases cited8 opinions

  1. State v. ClarkOregon Supreme Court · 1981
  2. State v. FreelandOregon Supreme Court · 1983
  3. City of Salem v. BrunerOregon Supreme Court · 1985
  4. State v. DonovanOregon Supreme Court · 1988
  5. State Ex Rel. Dwyer v. DwyerOregon Supreme Court · 1985

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3Cited by6 opinions

  1. Smeal Fire Apparatus Co. v. KreikemeierNebraska Supreme Court · 2010
  2. State v. DavisCourt of Appeals of Oregon · 2010
  3. State v. SavastanoCourt of Appeals of Oregon · 2011
  4. State of Minnesota v. Miranda Lynn JonesSupreme Court of Minnesota · 2015
  5. State v. DavisCourt of Appeals of Oregon · 2010

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