Legal Opinion · Dissent

Boyd v. Essin

Court of Appeals of Oregon

Decided October 18, 2000No. 18-98-09414; CA A102768Published

1DissentArmstrong, J.

I respectfully dissent. The majority reaches the conclusions that it does by making questionable inferences from oblique references in a woefully inadequate record. It uses those inferences to paint a very disturbing picture, but it fails to divulge that that picture is nothing more than mere conjecture. Moreover, it uses the facts involving respondent’s expressive conduct to buttress its conclusion that respondent has repeatedly engaged in unwanted contact with petitioner, but it fails to acknowledge that Article I, section 8, of the Oregon Constitution bars us from considering that conduct…

2Cases cited4 opinions

  1. Northwest Natural Gas Co. v. Chase Gardens, Inc.Court of Appeals of Oregon · 1997
  2. Quintero v. Board of Parole & Post-Prison SupervisionOregon Supreme Court · 1999
  3. Delgado v. SoudersCourt of Appeals of Oregon · 1997
  4. Wayt v. GoffCourt of Appeals of Oregon · 1998

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