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STATE v. ILLIG-RENN

(CC CR0014215; CA A114387; SC S52633).

142 P.3d 62 (2006)

341 Or. 228

STATE of Oregon, Petitioner on Review, v. Rose Mary ILLIG-RENN, Respondent on Review.

Supreme Court of Oregon.

Decided August 24, 2006.

Attorney(s) appearing for the Case

Ryan Kahn, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Tammy W. Sun, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before De MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, RIGGS, and BALMER, Justices.

GILLETTE, J.

This case concerns the constitutionality of ORS 162.247(1)(b), a statute that makes it a crime to "refuse[] to obey a lawful order by [a] peace officer." Defendant, who was charged with that crime, demurred to the charge on the ground that the statute is unconstitutionally vague and overbroad. The trial court allowed the demurrer and the Court of Appeals ultimately affirmed the trial court's judgment. On the state...

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