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STATE v. BABSON

09C41582, 09C41583, 09C41584, 09C41593, 09C41594, 09C41581; A144037 (Control); A144038, A144039, A144042, A144043, A144345.

279 P.3d 222 (2012)

249 Or. App. 278

STATE of Oregon, Plaintiff-Respondent, v. Mark N. BABSON, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Michele C. Darr, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Teresa L. Gooch, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Margaret M. Morton, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. George G. Meek, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Gregory J. Cleland, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 11, 2012.

Attorney(s) appearing for the Case

Timothy R. Volpert argued the cause for appellants Mark N. Babson, Michele C. Darr, Teresa L. Gooch, Margaret M. Morton, and George G. Meek. With him on the briefs were Alan J. Galloway and Davis Wright Tremaine LLP.

Jossi Davidson argued the cause for appellant Gregory J. Cleland. With him on the brief was Gracey & Davidson.

Judy C. Lucas , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Defendants were arrested on the steps of the state capitol in Salem while conducting a day-and-night vigil to protest the deployment of Oregon National Guard troops to Iraq and Afghanistan. The state charged, and defendants do not deny, that defendants at the time of the arrest were in violation of a rule that prohibited use of the capitol steps between 11:00 p.m. and 7:00 a.m. They were subsequently convicted of second-degree criminal trespass, a misdemeanor...

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