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STATE v. McGEE

(CC 080343630; SC S056467).

220 P.3d 50 (2009)

347 Or. 261

STATE of Oregon, Plaintiff, v. Charles Bo McGEE, Defendant-Relator, City of Gresham, Intervenor-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided October 22, 2009.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for defendant-relator.

Heather A. Pauley, Senior Assistant City Attorney, Gresham, argued the cause and filed the brief for intervenor-adverse party City of Gresham.

DE MUNIZ, C.J.

This mandamus case arises out of a contempt proceeding in which the defendant in an underlying criminal case seeks remedial sanctions against a City of Gresham Police Officer who, as a witness in the criminal case, failed to comply with defendant's subpoena duces tecum. The issue before this court is whether the trial court correctly concluded that precedent from this court required that the trial court must have first ordered a witness to comply...

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