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MATTER OF HYNES

554 P.2d 1030 (1976)

27 Or.App. 37

In the Matter of David A. HYNES, alleged to be a mentally Ill person. STATE of Oregon, Respondent, v. David A. HYNES, Appellant.

Court of Appeals of Oregon.

Decided October 4, 1976.

Attorney(s) appearing for the Case

Susan F. Mandiberg, Metropolitan Public Defender, Portland, argued the cause and filed the briefs for appellant.

Karen H. Green, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Before SCHWAB, C.J., and TANZER, J., and SLOAN, Senior Judge.

SLOAN, Senior Judge.

The court below, in this mental commitment hearing, took judicial notice of the record of a prior commitment proceeding concerning David Hynes. State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1976), held that judicial notice of prior court files was improper. The state, however, argues that O'Neill is inapplicable where the judicial notice is taken in the dispositional "phase" of a commitment hearing...

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