STATE v. OGLE

No. CA A26378; SC S30175.

682 P.2d 267 (1984)

297 Or. 84

STATE of Oregon, Respondent On Review, v. Mark Allen OGLE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided May 15, 1984.


Attorney(s) appearing for the Case

Helen I. Bloch, Salem, argued the cause for petitioner on review. With her on the petition and brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.


ROBERTS, Justice.

Defendant appeals his conviction for failure to appear in the first degree. He contends that testimony of his former counsel should have been excluded from evidence as violative of the attorney-client privilege. The testimony was that the former counsel had sent a letter to defendant notifying him of a court appearance date. We hold that the testimony falls outside the scope of the privilege and was therefore...

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