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STATE v. BURLESON

CC 060432571; SC S054377.

160 P.3d 624 (2007)

342 Or. 697

STATE of Oregon, Plaintiff-Relator, v. David O. BURLESON, Defendant, and John Doe or Jane Doe, Adverse Party.

Supreme Court of Oregon.

Decided June 1, 2007.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, Salem, argued the cause for Plaintiff-Relator. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Marc D. Blackman, Ransom Blackman, Portland, argued the cause for Adverse Party. With him on the brief was Kendra M. Matthews.

Douglas E. Beloof, Margaret Garvin, Greg A. Rios, Kim Montagriff, Portland, and Erin K. Olson, Law Office of Erin Olson, PC, Portland, filed a joint brief on behalf of amici curiae National Crime Victim Law Institute and Oregon Trial Lawyers Association.

Before DE MUNIZ, Chief Justice, and GILLETTE, BALMER, KISTLER, WALTERS, and LINDER, Justices.

DE MUNIZ, C.J.

In this mandamus proceeding, we consider whether the trial court abused its discretion in denying a motion to hold a grand jury witness (witness) in remedial contempt for refusing to identify the victims of an alleged crime. In denying the contempt motion, the trial court also implicitly denied the state's motion to compel the witness to identify the victims or to produce documents that would identify them. We conclude that the trial court correctly...

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