In the Matter of Brad Reynolds, a Child.
STATE ex rel. JUVENILE DEPARTMENT OF KLAMATH COUNTY, Respondent on Review,
v.
Brad REYNOLDS, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 5, 1993.
Reassigned August 30, 1993.
Decided September 3, 1993.
Attorney(s) appearing for the Case
Myron Gitnes, Klamath Falls, argued the cause and filed the petition for petitioner on review.
Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent on review. Amy E. Alpaugh, Asst. Atty. Gen., Salem, filed the response. With her on the response were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Angela Sherbo, Portland, filed an amicus curiae brief on behalf of Calvin Jackson.
Jenny Cooke, Portland, filed an amici curiae brief on behalf of the Nat. Legal Aid and Defender Ass'n, Oregon Crim. Defense Lawyers Ass'n, and the Youth Law Center. With her on the brief were Martha Bergmark, Washington, DC, of the Nat. Legal Aid and Defender Ass'n; Alice Bussiere and David Lambert, San Francisco, CA, of the Nat. Center for Youth Law; and Mark I. Soler and Susan L. Burrell, San Francisco, CA, of the Youth Law Center.
Supreme Court of Oregon.
VAN HOOMISSEN, Justice.
The issue in this case is whether the jurisdictional phase of a juvenile proceeding under ORS 419.476(1)(a)1 ("delinquency proceeding") is a "criminal prosecution" within the meaning of Article I, section 11, of the Oregon Constitution. For the reasons that follow, we hold that it is not.
A petition was filed in juvenile court in March 1991 alleging that the child...
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