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STATE EX REL. LEOPOLD v. McCALLISTER

D7607-10381; CA A63185.

807 P.2d 325 (1991)

106 Or. App. 324

STATE of Oregon ex rel. Deborah LEOPOLD, Respondent, v. Laurence C. McCALLISTER, Appellant.

Court of Appeals of Oregon.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Doreen Stamm Margolin, Portland, argued the cause for appellant. With her on the brief was Margolin & Margolin, Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals from an order finding him in contempt for failing to obey a child support order.1 The issue is whether he was entitled to invoke his privilege against self-incrimination in the civil contempt hearing. We reverse and remand.

At the contempt hearing, defendant asserted his privilege against self-incrimination under the Fifth Amendment and Article I, section 12, of the Oregon Constitution. The trial...

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