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STATE EX REL. HATHAWAY v. HART

CC D8201-66193; CA A24959; SC S31364.

708 P.2d 1137 (1985)

300 Or. 231

STATE of Oregon, ex rel. Kay Marie Hathaway, Respondent On Review, v. David Lee HART, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 5, 1985.

Attorney(s) appearing for the Case

Clint A. Lonergan, argued the cause for petitioner on review. With him on the petitions were Richard L. Lonergan and Howard R. Lonergan, Portland.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

JONES, Justice.

The issue in this case is whether, under Oregon statutes and the Oregon Constitution, the defendant is entitled to a jury trial in a criminal contempt proceeding for violation of a restraining order entered pursuant to the Abuse Prevention Act, ORS 107.700 to 107.720.

We allowed review to consider this issue in light of State ex rel. Dwyer v. Dwyer, 299 Or. 108, 698 P.2d 957<...

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