MILLER v. LEIGHTY

9711-09352; CA A101103.

973 P.2d 920 (1999)

158 Or. App. 218

Brian John MILLER, Respondent, v. Howard David LEIGHTY, Appellant.

Court of Appeals of Oregon.

Decided February 3, 1999.


Attorney(s) appearing for the Case

Howard David Leighty filed the brief pro se for appellant.

No appearance for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.


HASELTON, J.

Respondent in a stalking protective order ("SPO") proceeding appeals, challenging the issuance of a permanent SPO. ORS 163.738(2)(a)(B). He argues, inter alia, that the trial court impermissibly precluded him from presenting evidence in opposition to the issuance of the permanent SPO. We agree and, consequently, reverse and remand for further proceedings.

In November 1997, petitioner applied for and obtained a temporary SPO against respondent...

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