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STATE v. KUHLMANN

No. 30630; CA A27812.

683 P.2d 552 (1984)

STATE of Oregon, Plaintiff, v. Richard George KUHLMANN, Defendant. State of Oregon, ex rel. Judge Donald R. Blensly, Circuit Judge, Respondent, v. Richard Kuhlmann, Jr., Appellant.

Court of Appeals of Oregon.

Argued and Submitted September 20, 1983.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, Salem.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant Richard Kuhlmann, Jr., refused to answer questions as a witness in his father's trial for murder, claiming his right against self-incrimination despite a court order under ORS 136.617 that he testify and a grant of use and derivative use immunity under ORS 136.619. The court found him in contempt and sentenced him to six months in jail. He appeals, alleging various constitutional and statutory infirmities. We affirm.

Defendant...

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