MATTER OF VANDENBERG

No. 1158; CA 15533.

617 P.2d 675 (1980)

48 Or.App. 609

In the matter of Michael Gerald Vandenberg, Alleged to Be Mentally Deficient. State of Oregon ex rel. John Vandenberg, Respondent, v. MICHAEL GERALD VANDENBERG, Appellant.

Court of Appeals of Oregon.

Decided October 6, 1980.


Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the brief for appellant.

Richard M. Botteri, Portland, argued the cause and filed the brief for respondent.

James C. Rhodes, Asst. Atty. Gen., Salem, waived appearance for State of Oregon.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

This case presents a challenge to commitment proceedings for mental deficiency under former ORS ch. 427.1 Defendant challenges the constitutionality of the commitment procedure, and argues that principles of double jeopardy and res judicata are applicable to this case. He further contends that the standard of proof required in the commitment hearing was proof "beyond a reasonable doubt" and that this standard was not met...

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