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STATE v. SORIANO

Nos. 83-006CR; 83-006CR; CA A27206 (Control); CA A27207.

684 P.2d 1220 (1984)

68 Or.App. 642

STATE of Oregon, Respondent, v. Sigifredo Ultreras SORIANO, Appellant. State of Oregon, Respondent, v. James Albert Goguen, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted May 2, 1984.

Decided June 13, 1984.

Reconsideration Denied September 7, 1984.

Attorney(s) appearing for the Case

Enver Bozgoz, Klamath Falls, argued the cause and filed the brief for appellants.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Mildred J. Carmack, Portland, filed a brief amicus curiae for American Civil Liberties Union Foundation of Oregon, Inc.

Stephen J. Williams, Salem, filed a brief amicus curiae for Oregon Criminal Defense Lawyers Association.

Resubmitted In Banc May 2, 1984.

GILLETTE, Judge.

In these consolidated contempt cases, defendants refused to testify before a grand jury investigating a possible burglary at the General Store in Klamath Falls, claiming their right under Article I, section 12, of the Oregon Constitution1 not to be compelled to testify against themselves. After extensive proceedings, the trial court granted them use and derivative use immunity under...

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