STATE v. KEENEY

90-05-1143, 92-05-1144, 92-05-1146 and 92-03-0630; CA A78976.

875 P.2d 539 (1994)

128 Or. App. 211

STATE of Oregon, Appellant, v. James Dalton KEENEY, Joyce Laverne Keeney, Kerry James Keeney, and Krysia Ann Nivison, Respondents. STATE of Oregon, Appellant, v. Kerry James KEENEY, Ronnie Michael Jones, Michael C. Flick and Rayma Jones, Respondents. STATE of Oregon, Appellant, v. Gary Leon NIVISON, Krysia Ann Nivison and Kerry James Keeney, Respondents. STATE of Oregon, Appellant, v. Thomas Robert BRADY, Kerry James Keeney and Edward Lawrence Ames, Respondents.

Court of Appeals of Oregon.

Decided May 25, 1994.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause, for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Robert J. McCrea, Eugene, argued the cause, for respondents James Dalton Keeney, Joyce Laverne Keeney, Kerry James Keeney, Krysia Ann Nivison, Rayma Jones, Ronnie Michael Jones, Michael C. Flick, Gary Leon Nivison and Edward Lawrence Adams, and filed the brief for Joyce Laverne Keeney. With him on the brief was McCrea, P.C. Joining in the brief were Elton T. Lafky, Paul Ferder, Forrest Reid, Neil Lathen, Richard Forcum, David Moule and David E. Groom.

Richard Forcum and Janine Curtis, St. Louis, filed the brief, for respondent Kerry James Keeney. Joining in the brief were Forrest Reid, Paul Ferder, Elton T. Lafky and Lafky & Lafky, Robert J. McCrea and McCrea, P.C., David E. Groom and Public Defender's Office, Neil Lathen and Burt, Swanson, Lathen, Alexander & McCann, P.C., and David Moule and Moule & Frank.

David Moule and Moule & Frank, Eugene, filed the brief, for respondent Edward Lawrence Ames. Joining in the brief were Forrest Reid, Paul Ferder, Richard Forcum, Neil Lathen, Robert J. McCrea, David E. Groom and Elton T. Lafky.

Sally L. Avera, Public Defender, and David E. Groom, Deputy Public Defender, filed the brief, for respondents Ronnie Michael Jones and Rayma Jones.

Helen Lenore Cooper and Ferder, Ogdahl, Brandt & Casebeer, Salem, filed the brief, for respondent Krysia Ann Nivison.

Neil F. Lathen and Burt, Swanson, Lathen, Alexander, McCann & Smith, P.C., Salem, filed the brief, for respondent Gary Leon Nivison.

No appearance, for respondent Thomas Brady.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.


De MUNIZ, Judge.

Defendants are charged with conspiracy to manufacture a controlled substance, conspiracy to possess a controlled substance and conspiracy to deliver a controlled substance, in violation of ORS 161.450 and ORS 475.992. A magistrate issued warrants to search property, vehicles and buildings belonging to the various defendants. Except as to defendants Gary Nivison and Krysia Nivison, all of the warrants are supported by a single affidavit prepared by...

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