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STATE v. PRESOCK

A158073.

380 P.3d 1192 (2016)

281 Or. App. 277

STATE of Oregon, Plaintiff-Respondent, v. Shawn Lee PRESOCK, Defendant-Appellant.

Court of Appeals of Oregon.

September 21, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Brett Allin, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Keith L. Kutler, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.

This case presents a single legal question for our consideration: whether a probationer has a due process right under the Fourteenth Amendment to the United States Constitution to review his probation file for potential mitigating evidence when the contents of that file are not being used as evidence against him in a proceeding to potentially...

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