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STATE v. BARRETT

(CC D110426M; SC S059423).

255 P.3d 472 (2011)

350 Or. 390

STATE of Oregon, Plaintiff, v. Ivey Wayne BARRETT, Defendant. Linda Diane Barrett, Appellant, v. State of Oregon and Ivey Wayne Barrett, Respondents.

Supreme Court of Oregon.

Decided May 27, 2011.

Attorney(s) appearing for the Case

Janine Robben , Oregon Crime Victims Law Center, Portland, argued the cause and filed the memorandum for appellant.

Gregory A. Rios , Assistant Attorney General, Salem, argued the cause for respondent State of Oregon. With him on the response were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.,

Eric R. Johansen , Office of Public Defense Services, Salem, argued the cause for defendant-respondent Ivey Wayne Barrett. With him on the response was Peter Gartlan , Chief Defender.

Before DE MUNIZ, Chief Justice, and DURHAM, KISTLER, WALTERS, LINDER, and LANDAU, Justices.

DE MUNIZ, C.J.

Appellant is the victim of the crime of stalking, a Class A misdemeanor. ORS 163.732(2)(a). The trial court concluded that, in the criminal proceeding against defendant, the perpetrator of the crime, the state violated the victim's rights as a crime victim under the Oregon Constitution. However, the trial court held that neither the Oregon Constitution nor the Oregon statutes provided a remedy for the violation. Pursuant to ORS 147.537, the victim filed...

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