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STATE EX REL. JUV. DEPT. v. NICHOLLS

9401-80039, A119871.

87 P.3d 680 (2004)

192 Or. App. 604

In the Matter of Marcus Nicholls, a Minor Child. STATE ex rel. JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Appellant, v. Marcus NICHOLLS, Respondent.

Court of Appeals of Oregon.

Decided March 31, 2004.

Attorney(s) appearing for the Case

Robert B. Rocklin, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Daniel A. Cross argued the cause for respondent. With him on the brief was The Law Offices of Daniel A. Cross.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

In this juvenile delinquency proceeding, the state appeals an order releasing youth from the custody of the Oregon Youth Authority (OYA). The juvenile court concluded that 1995 statutory amendments permitting the juvenile court to exercise jurisdiction over youth offenders until age 25, instead of the previous limit of age 21, violate constitutional ex post facto principles as applied to youth. On appeal, we do not reach the constitutional question...

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