STATE EX REL. GRAND JURY v. BERNIER

Misc.; CA A26602.

668 P.2d 455 (1983)

64 Or.App. 378

STATE of Oregon, ex rel Grand Jury for Douglas County, the July-August 1982 Term of Court, Appellant, v. Thomas C. BERNIER, Respondent.

Court of Appeals of Oregon.

Decided August 24, 1983.


Attorney(s) appearing for the Case

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

Dan W. Clark, Roseburg, argued the cause and filed the brief for respondent.

William L. Tufts, Co-op. Atty., Oregon Criminal Defense Lawyers Ass'n, Eugene, filed a brief amicus curiae.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

The state appeals the dismissal of a motion for an order to show cause why defendant should not be held in contempt for refusal to answer questions before a grand jury. We affirm.

Defendant, an attorney representing Michael Palone, who failed to appear for trial on a criminal charge, was subpoenaed to appear before the grand jury inquiring into a possible charge against Palone for failure to appear. Defendant declined to answer...

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