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MOEN v. WASHINGTON COUNTY

82-0519C; CA A35949 (Control); 19-850 and 19-851; CA A36066.

740 P.2d 802 (1987)

86 Or.App. 639

Norma MOEN, Appellant, v. WASHINGTON COUNTY; Margaret A. Post, Circuit Court Clerk of Washington County; Marlayne Claussen, Circuit Court Administrator for Washington County; Michael P. McCarty, Corrections Officer, Department of Public Safety, Washington County; Albert R. Musick, Judge of the Circuit Court for Washington County; Gregory E. Milnes; Judge of the Circuit Court of Washington County, Holger Pihl, Judge of the Circuit Court for Washington County; Michael J. McElligott; and the State of Oregon, Respondents. State of Oregon, Respondent, v. Robert George Black, Respondent, Norma Moen, Intervenor-Appellant.

Court of Appeals of Oregon.

August 5, 1987.

Attorney(s) appearing for the Case

Susan Elizabeth Reese, Cooperating Atty. for the ACLU, Portland, filed the brief for appellant and intervenor-appellant.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondents Washington County, Margaret A. Post, Marlayne Claussen, Michael P. McCarty, Albert R. Musick, Gregory E. Milnes, Holger Pihl, and State of Or. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Gerald R. Pullen, Portland, argued the cause and filed the brief for respondent Michael J. McElligott.

No appearance for respondent Robert George Black.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

JOSEPH, Chief Judge.

This is a consolidated appeal in which Moen (plaintiff) seeks return of funds posted by her as bail to secure the appearance of her son, Black. He was convicted in case no. 19-850 on December 19, 1980; case no. 19-851 was dismissed on January 6, 1981. Despite the fact that plaintiff had made the deposit, the trial judge ordered the security exonerated and sent it to Black's attorney, purportedly pursuant...

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